Mokbel v Attorney-General for the Commonwealth of Australia [2007] FCAFC 161

Mokbel v Attorney-General for the Commonwealth of Australia [2007] FCAFC 161

No contrary intention appears in s 40 of the Extradition Act 1988 (Cth). Read with s 19A of the Acts Interpretation Act 1901 (Cth), s 40 permits the power to make an extradition request to be exercised by a Minister administering the Extradition Act, including the Minister for Justice and Customs. The Request was therefore not invalid merely because it was signed by the Minister for Justice and Customs rather than the Attorney-General.

Jurisdiction
Australia
Judgment Date
12 October 2007
Procedural Posture
Extradition Appeal / Appeal From a Single Judge of the Federal Court of Australia
Outcome
Appeal dismissed with costs.
Legal Topics
['validity of Request for Extradition to Australia' 'ministerial Authority to Make Extradition Request' 'contrary Intention Under S 19 a of the Acts Interpretation Act 1901 (cth)' 'construction of S 40 of the Extradition Act 1988 (cth)']
['extradition' 'administrative Law' 'statutory Interpretation' 'constitutional Law'] ['validity of Request for Extradition to Australia' 'ministerial Authority to Make Extradition Request' 'contrary Intention Under S 19 a of the Acts Interpretation Act 1901 (cth)' 'construction of S 40 of the Extradition Act 1988 (cth)']

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Procedural Posture

Extradition Appeal / Appeal From a Single Judge of the Federal Court of Australia

Legal Issues

  1. 1 ["Whether the request to the Hellenic Republic for the appellant's return to Australia was invalid because it was signed by the Minister for Justice and Customs rather than the Attorney-General." 'Whether s 40 of the Extradition Act 1988 (Cth) evinces a contrary intention for the purposes of s 19A of the Acts Interpretation Act 1901 (Cth).']

Ratio Decidendi

No contrary intention appears in s 40 of the Extradition Act 1988 (Cth). Read with s 19A of the Acts Interpretation Act 1901 (Cth), s 40 permits the power to make an extradition request to be exercised by a Minister administering the Extradition Act, including the Minister for Justice and Customs. The Request was therefore not invalid merely because it was signed by the Minister for Justice and Customs rather than the Attorney-General.

Court Disposition

Appeal dismissed with costs.

Orders

  • ['The appeal be dismissed.' "The appellant pay the respondents' costs of the appeal."]