Zentai v Republic of Hungary [2009] FCAFC 139

Zentai v Republic of Hungary [2009] FCAFC 139

It is no part of the function of the magistrate conducting a hearing under s 19 of the Extradition Act 1988 (Cth), nor of the primary judge on review under s 21, to determine whether the alleged offence constitutes an 'extradition offence' or whether the appellant is an 'extraditable person.' Those determinations are for the Attorney-General at other stages of the Act; the magistrate's inquiry is limited to the matters in s 19(2).

Parties
Appellant: Charles Zentai; First Respondent: Republic of Hungary; Second Respondent: Barbara Lane
Jurisdiction
Australia
Judgment Date
08 October 2009
Procedural Posture
Appeal / On Appeal From a Single Judge of the Federal Court of Australia
Outcome
appeal dismissed
Legal Topics
Function of Magistrate Under Extradition Act, Review of Magistrate's Decision, Scope of Review Under S 19 and S 21 of Extradition Act, Treaty Interpretation in Extradition Context, Dual Criminality Requirement, Construction of Extradition Act 1988 (cth)
Extradition Administrative Law Function of Magistrate Under Extradition Act Review of Magistrate's Decision Scope of Review Under S 19 and S 21 of Extradition Act Treaty Interpretation in Extradition Context Dual Criminality Requirement Construction of Extradition Act 1988 (cth)

Case Brief

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Parties

Charles Zentai

Appellant

Republic of Hungary

First Respondent

Barbara Lane

Second Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether the s 19 magistrate or primary judge was required to determine whether the alleged war crime was an extradition offence or whether the appellant was an extraditable person
  2. 2 Interpretation of the Extradition Act 1988 (Cth), particularly s 19 and s 21, and the corresponding roles of magistrate and Attorney-General
  3. 3 Whether the terms of the bilateral Treaty and its restrictions or exceptions are to be considered at the s 19 eligibility hearing

Ratio Decidendi

It is no part of the function of the magistrate conducting a hearing under s 19 of the Extradition Act 1988 (Cth), nor of the primary judge on review under s 21, to determine whether the alleged offence constitutes an 'extradition offence' or whether the appellant is an 'extraditable person.' Those determinations are for the Attorney-General at other stages of the Act; the magistrate's inquiry is limited to the matters in s 19(2).

Court Disposition

appeal dismissed

Orders

  • The appeal be dismissed.
  • The appellant pay the first respondent's costs.