Reyes v United States of America [2020] FCA 665

Reyes v United States of America [2020] FCA 665

The Court was satisfied that the applicant was not conveyed out of Australia by 24 April 2020 because of the Covid-19 pandemic and its effects, including public health concerns, governmental travel advisories, operational restrictions, and Australian border controls. Those circumstances constituted reasonable cause under s 26(6)(b) of the Extradition Act 1988 (Cth), so the Court was required not to order release under s 26(5).

Jurisdiction
Australia
Judgment Date
15 May 2020
Procedural Posture
Application Under S 26(5) of the Extradition Act 1988 (cth) for Release From Custody / Judgment on Application
Outcome
Application dismissed.
Legal Topics
['release From Custody Pending Extradition' 'reasonable Cause Under S 26(6)(b)' 'covid 19 Pandemic and Travel Restrictions' 'surrender Warrant']
['extradition' 'federal Crime and Related Proceedings'] ['release From Custody Pending Extradition' 'reasonable Cause Under S 26(6)(b)' 'covid 19 Pandemic and Travel Restrictions' 'surrender Warrant']

Case Brief

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Procedural Posture

Application Under S 26(5) of the Extradition Act 1988 (cth) for Release From Custody / Judgment on Application

Legal Issues

  1. 1 ['Whether the applicant, who had not been transported out of Australia within two months after the surrender warrant was first liable to be executed, should be released under s 26(5) of the Extradition Act 1988 (Cth).' 'Whether there was reasonable cause within s 26(6)(b) of the Extradition Act 1988 (Cth) for the applicant not having been conveyed out of Australia within the two month period.' 'Whether the Covid-19 pandemic and associated travel restrictions caused the failure to convey the applicant out of Australia within the two month period.']

Ratio Decidendi

The Court was satisfied that the applicant was not conveyed out of Australia by 24 April 2020 because of the Covid-19 pandemic and its effects, including public health concerns, governmental travel advisories, operational restrictions, and Australian border controls. Those circumstances constituted reasonable cause under s 26(6)(b) of the Extradition Act 1988 (Cth), so the Court was required not to order release under s 26(5).

Court Disposition

Application dismissed.

Orders

  • ['The application is dismissed.']