Cabal v United Mexican States (No 1) [2000] FCA 433

It is not open to the applicants to challenge the sufficiency of the statements of conduct on the basis that they do not set out all elements of the offence under foreign law; under the Extradition Act and binding authority, such challenges cannot be entertained by this Court.

Jurisdiction: Australia
Judgment Date: 05 April 2000
Procedural Posture: Application for Review of Extradition Determination / Ruling on Challenge to Sufficiency of Statements of Conduct
Outcome: Applicants' challenge to sufficiency of statements of conduct not entertained
Legal Topics: ['sufficiency of Statements of Conduct' 'double Criminality' 'functions of Magistrate in Extradition Proceedings']

['extradition' 'criminal Law'] ['sufficiency of Statements of Conduct' 'double Criminality' 'functions of Magistrate in Extradition Proceedings']

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Procedural Posture

Application for Review of Extradition Determination / Ruling on Challenge to Sufficiency of Statements of Conduct

Legal Issues

1 ["Whether a magistrate's decision determining eligibility for surrender to a foreign country can be challenged on the basis that the statements of conduct do not constitute an offence under the foreign law" 'Whether the statements of conduct produced under s 19(3)(c)(ii) of the Extradition Act 1988 are sufficient']

Ratio Decidendi

Court Disposition

Applicants' challenge to sufficiency of statements of conduct not entertained

Orders

['Further submissions on the sufficiency of the statements of conduct will not be entertained']