Zentai v Republic of Hungary [2009] FCA 284

Zentai v Republic of Hungary [2009] FCA 284

Eligibility for surrender under s 19 of the Extradition Act is determined according to the Act, confined to the statutory requirements. Treaty limitations do not require the magistrate to determine whether the offence existed at the time of conduct. The Attorney-General's determination on extraditable person and extradition offence is binding and not reviewable under s 19. The applicant is eligible for surrender in relation to the war crime alleged.

Jurisdiction
Australia
Judgment Date
31 March 2009
Procedural Posture
Application for Review Under S 21 Extradition Act 1988 (cth) / Judgment on Review of Determination of Eligibility for Surrender
Outcome
Application dismissed; order of second respondent confirmed; applicant to pay costs.
Legal Topics
['eligibility for Surrender Under Extradition Act' 'role of Treaty in Extradition' 'retrospectivity of Offence' 'jurisdiction of Magistrate']
['extradition' 'administrative Law'] ['eligibility for Surrender Under Extradition Act' 'role of Treaty in Extradition' 'retrospectivity of Offence' 'jurisdiction of Magistrate']

Case Brief

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Procedural Posture

Application for Review Under S 21 Extradition Act 1988 (cth) / Judgment on Review of Determination of Eligibility for Surrender

Legal Issues

  1. 1 ['Whether the magistrate was required to consider if the offence was an extradition offence under the Treaty at the time of conduct' 'Whether Article 2 para 5 of the Extradition Treaty modifies the Extradition Act to require consideration of whether the offence existed in Hungarian law at the relevant time' 'Whether the determination of eligibility for surrender under s 19 Extradition Act can include treaty limitations' "Whether the Attorney-General's determination that a person is an extraditable person is reviewable by the magistrate"]

Ratio Decidendi

Eligibility for surrender under s 19 of the Extradition Act is determined according to the Act, confined to the statutory requirements. Treaty limitations do not require the magistrate to determine whether the offence existed at the time of conduct. The Attorney-General's determination on extraditable person and extradition offence is binding and not reviewable under s 19. The applicant is eligible for surrender in relation to the war crime alleged.

Court Disposition

Application dismissed; order of second respondent confirmed; applicant to pay costs.

Orders

  • ['The order of the second respondent made pursuant to s 19(9) of the Extradition Act 1988 (Cth) on 20 August 2008 be confirmed.' 'The application dated 20 August 2008 be dismissed.' 'The applicant pay the costs of the first respondent.']