Mokbel v Attorney-General for the Commonwealth of Australia [2007] FCA 1536

Mokbel v Attorney-General for the Commonwealth of Australia [2007] FCA 1536

Section 40 of the Extradition Act does not evidence a contrary intention so as to preclude the application of s 19A of the Acts Interpretation Act; therefore, the Minister for Justice and Customs, jointly administering the Attorney-General's Department, was authorized to make the extradition request. There was no breach of natural justice, bad faith or improper purpose arising from communications with the Greek authorities. Australian courts will not intervene in or comment on acts by officials of the Greek judicial system.

Parties
Applicant: Antonios Sajih Mokbel; First Respondent: Attorney-General for the Commonwealth of Australia; Second Respondent: The Minister for Justice and Customs
Jurisdiction
Australia
Judgment Date
05 October 2007
Procedural Posture
Application / Final Judgment
Outcome
Application dismissed
Legal Topics
Validity of Extradition Request, Ministerial Authority Under Extradition Act 1988 (cth), Interpretation of S 40 Extradition Act 1988 (cth) and S 19 a Acts Interpretation Act 1901 (cth), Principle of Non Adjudication in International Law, Natural Justice in Administrative Decision Making
Extradition Administrative Law International Law Validity of Extradition Request Ministerial Authority Under Extradition Act 1988 (cth) Interpretation of S 40 Extradition Act 1988 (cth) and S 19 a Acts Interpretation Act 1901 (cth) Principle of Non Adjudication in International Law Natural Justice in Administrative Decision Making

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Parties

Antonios Sajih Mokbel

Applicant

Attorney-General for the Commonwealth of Australia

First Respondent

The Minister for Justice and Customs

Second Respondent

Procedural Posture

Application / Final Judgment

Legal Issues

  1. 1 Whether s 40 of the Extradition Act 1988 (Cth) requires that the request for surrender be made personally by the Attorney-General or allows the Minister for Justice and Customs to sign
  2. 2 Whether s 40 of the Extradition Act evinces a 'contrary intention' for the purposes of s 19A of the Acts Interpretation Act 1901 (Cth)
  3. 3 Whether actions by the Australian Embassy in Athens breached natural justice, involved bad faith or improper purpose

Ratio Decidendi

Section 40 of the Extradition Act does not evidence a contrary intention so as to preclude the application of s 19A of the Acts Interpretation Act; therefore, the Minister for Justice and Customs, jointly administering the Attorney-General's Department, was authorized to make the extradition request. There was no breach of natural justice, bad faith or improper purpose arising from communications with the Greek authorities. Australian courts will not intervene in or comment on acts by officials of the Greek judicial system.

Court Disposition

Application dismissed

Orders

  • The application is dismissed.
  • The Applicant is to pay the Respondents' costs of the application, including reserved costs.