Reyes v United States of America [2020] FCAFC 149
The reasonable and appropriate inference is that the appellant was not conveyed from Australia by 24 April 2020 due to the COVID-19 pandemic and its effects, which constituted a reasonable cause for the conveyance not having occurred, and the evidence did not establish error in the primary judge's reasoning or conclusion.
- Jurisdiction
- Australia
- Judgment Date
- 09 September 2020
- Procedural Posture
- Appeal / Judgment
- Outcome
- appeal dismissed
- Legal Topics
- ['extradition' 'onus of Proof' 'reasonable Cause' 'covid 19 Pandemic Effects']
Case Brief
Summary, issues, holding and outcome
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Procedural Posture
Appeal / Judgment
Legal Issues
- 1 ['Whether the primary judge reversed the onus of proof in respect of satisfaction that the failure to convey the appellant out of Australia prior to 24 April 2020 was for a reasonable cause' 'Whether the primary judge erred in finding that the failure to convey the appellant was for a reasonable cause']
Ratio Decidendi
The reasonable and appropriate inference is that the appellant was not conveyed from Australia by 24 April 2020 due to the COVID-19 pandemic and its effects, which constituted a reasonable cause for the conveyance not having occurred, and the evidence did not establish error in the primary judge's reasoning or conclusion.
Court Disposition
appeal dismissed
Orders
- ['The appeal be dismissed.']
Full Case Text
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