Snedden v Minister for Justice for the Commonwealth of Australia [2014] FCAFC 156

Snedden v Minister for Justice for the Commonwealth of Australia [2014] FCAFC 156

The Minister did not lose power to make a surrender determination due to delay; s 22(2) imposes a duty to act promptly but not a jurisdictional time limit. Mr Snedden was not denied procedural fairness because the Croatian response and speciality assurance communications contained no new adverse material and he was given adequate opportunity to make submissions. International treaty obligations, including those under the Third Geneva Convention, were not mandatory considerations under the Extradition Act; any alleged error in considering them did not constitute jurisdictional error. The Minister's cross-appeal was allowed; the original orders setting aside the surrender determination and...

Parties
Appellant: Daniel Snedden (aka Dragan Vasiljkovic); First Respondent: Minister for Justice for the Commonwealth of Australia; Second Respondent: Commissioner of Corrective Services New South Wales
Jurisdiction
Australia
Judgment Date
12 December 2014
Procedural Posture
Appeal / Full Court Judgment on Appeal and Cross Appeal
Outcome
Mr Snedden's appeal dismissed; Minister's cross-appeal allowed; application dismissed; costs ordered against Mr Snedden.
Legal Topics
Surrender of Eligible Person, Ministerial Determinations Under Extradition Act, Procedural Fairness, Mandatory and Discretionary Considerations, International Obligations, Jurisdictional Error
Extradition Administrative Law Surrender of Eligible Person Ministerial Determinations Under Extradition Act Procedural Fairness Mandatory and Discretionary Considerations International Obligations Jurisdictional Error

Case Brief

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Parties

Daniel Snedden (aka Dragan Vasiljkovic)

Appellant

Minister for Justice for the Commonwealth of Australia

First Respondent

Commissioner of Corrective Services New South Wales

Second Respondent

Procedural Posture

Appeal / Full Court Judgment on Appeal and Cross Appeal

Legal Issues

  1. 1 Whether Minister lost power to make surrender determination due to delay under s 22(2) of the Extradition Act 1988 (Cth)
  2. 2 Whether denial of procedural fairness occurred regarding Croatian response and speciality assurance communications
  3. 3 Whether Minister was obliged to consider Australia's international obligations under the Third Geneva Convention in exercising discretion

Ratio Decidendi

The Minister did not lose power to make a surrender determination due to delay; s 22(2) imposes a duty to act promptly but not a jurisdictional time limit. Mr Snedden was not denied procedural fairness because the Croatian response and speciality assurance communications contained no new adverse material and he was given adequate opportunity to make submissions. International treaty obligations, including those under the Third Geneva Convention, were not mandatory considerations under the Extradition Act; any alleged error in considering them did not constitute jurisdictional error. The Minister's cross-appeal was allowed; the original orders setting aside the surrender determination and...

Court Disposition

Mr Snedden's appeal dismissed; Minister's cross-appeal allowed; application dismissed; costs ordered against Mr Snedden.

Orders

  • Orders of primary judge are set aside; application be dismissed; Mr Snedden to pay Minister's costs below.
  • The parties to confer and file minutes of orders reflecting these reasons by 4.00 pm on 17 December 2014.