Hempel, A.J. & Anor v The Attorney-General [1987] FCA 748

Hempel, A.J. & Anor v The Attorney-General [1987] FCA 748

The Act validly applies to extradition to Israel; breach of treaty obligations by a contracting party does not render the Commonwealth's exercise of external affairs power invalid, nor does it constitute bad faith by the Australian government in failing to repudiate the treaty; inability to speak Hebrew does not...

Source-derived case information.

Parties
Appellant: Arthur James Hempel; Appellant: Laurence Etheredge; Respondent: The Attorney-General
Jurisdiction
Australia
Judgment Date
27 November 1987
Procedural Posture
Appeal / Full Court Decision
Outcome
appeal dismissed
Legal Topics
Extradition to Israel, Treaty Obligations, External Affairs Power, Prejudice by Reason of Race or Nationality, Reasonable Apprehension of Bias, Construction of Substantial or Reasonable Grounds
Extradition Administrative Law Extradition to Israel Treaty Obligations External Affairs Power Prejudice by Reason of Race or Nationality Reasonable Apprehension of Bias Construction of Substantial or Reasonable Grounds

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Parties

Arthur James Hempel

Appellant

Laurence Etheredge

Appellant

The Attorney-General

Respondent

Procedural Posture

Appeal / Full Court Decision

Legal Issues

  1. 1 Whether the Extradition (Foreign States) Act 1966 validly applies to extradition to Israel considering alleged breach of treaty obligations by Israel
  2. 2 Whether there are substantial grounds for believing the appellants may be prejudiced at trial by reason of race or nationality
  3. 3 Interpretation of 'substantial or, as the case may be, reasonable grounds' under the treaty and s.14 of the Act

Ratio Decidendi

The Act validly applies to extradition to Israel; breach of treaty obligations by a contracting party does not render the Commonwealth's exercise of external affairs power invalid, nor does it constitute bad faith by the Australian government in failing to repudiate the treaty; inability to speak Hebrew does not amount to prejudice by reason of race or nationality under s.14; 'substantial or, as the case may be, reasonable grounds' in the treaty refers to domestic law differences, and the Act only requires consideration of substantial grounds; the respondent's order regarding the vessel's custody does not create reasonable apprehension of bias.

Court Disposition

appeal dismissed

Orders

  • The appeal be dismissed.
  • The appellants pay the respondent's costs of and incidental to the appeal, to be taxed.