Rivas v Republic of Chile [2021] FCA 693

Rivas v Republic of Chile [2021] FCA 693

The requirements of s 19(2) of the Extradition Act 1988 (Cth) were met: duly authenticated warrants and statements of conduct supported the extradition offences; dual criminality was established by reference to Australian law; no extradition objections were made out on the evidence; the Amnesty Law and statute of limitations raised by the applicant did not bar extradition at this stage; and all relevant procedural requirements were satisfied. Accordingly, the applicant is eligible for surrender to Chile for the offences alleged.

Parties
Applicant: Adriana Rivas; First Respondent: Republic of Chile; Second Respondent: The Magistrate of the Local Court of New South Wales P Stewart
Jurisdiction
Australia
Judgment Date
24 June 2021
Procedural Posture
Statutory Appeal / Application for Review Under S 21 of the Extradition Act 1988 (cth)
Outcome
Application dismissed
Legal Topics
Extradition—eligibility for Surrender, Dual Criminality, Extradition Objections, Statutory Interpretation, International Law—treaties, Costs
Administrative Law Extradition Law Criminal Law Human Rights Extradition—eligibility for Surrender Dual Criminality Extradition Objections Statutory Interpretation +2 more

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Parties

Adriana Rivas

Applicant

Republic of Chile

First Respondent

The Magistrate of the Local Court of New South Wales P Stewart

Second Respondent

Procedural Posture

Statutory Appeal / Application for Review Under S 21 of the Extradition Act 1988 (cth)

Legal Issues

  1. 1 Whether the requirements of s 19(2) of the Extradition Act 1988 (Cth) were satisfied
  2. 2 Whether the supporting documents were sufficient
  3. 3 Whether dual criminality was established

Ratio Decidendi

The requirements of s 19(2) of the Extradition Act 1988 (Cth) were met: duly authenticated warrants and statements of conduct supported the extradition offences; dual criminality was established by reference to Australian law; no extradition objections were made out on the evidence; the Amnesty Law and statute of limitations raised by the applicant did not bar extradition at this stage; and all relevant procedural requirements were satisfied. Accordingly, the applicant is eligible for surrender to Chile for the offences alleged.

Court Disposition

Application dismissed

Orders

  • The application for review is dismissed.
  • The magistrate's order of 29 October 2020 is confirmed.