Parker, G v Federal Republic of Germany [1997] FCA 614

Parker, G v Federal Republic of Germany [1997] FCA 614

There was non-compliance with Article 9(2)(a) of the Treaty because not all available information concerning the identity and nationality of the applicant accompanied the extradition request, and such compliance is a legal precondition. All other grounds of review failed, but this defect required quashing the...

Source-derived case information.

Parties
Applicant: G Parker; Respondent: Federal Republic of Germany
Jurisdiction
Australia
Judgment Date
10 July 1997
Procedural Posture
Application for Review Under the Extradition Act 1988 (cth) / Judgment on Application for Review of Extradition Decision
Outcome
Order of the magistrate and warrant quashed; applicant to be released; costs awarded to applicant (further submissions on certain costs permitted)
Legal Topics
Extradition Procedures, Sufficiency of Information Accompanying Extradition Request, Interpretation of Extradition Treaties, Requirement for Identification and Nationality Information, Recording of Decisions by Magistrates, Equivalent Criminal Conduct, Effect of Previous Unsuccessful Extradition Requests
Extradition Criminal Law Administrative Law Extradition Procedures Sufficiency of Information Accompanying Extradition Request Interpretation of Extradition Treaties Requirement for Identification and Nationality Information Recording of Decisions by Magistrates +2 more

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Summary, issues, holding and outcome

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Parties

G Parker

Applicant

Federal Republic of Germany

Respondent

Procedural Posture

Application for Review Under the Extradition Act 1988 (cth) / Judgment on Application for Review of Extradition Decision

Legal Issues

  1. 1 Whether the magistrate made or recorded a lawful determination under s 19(9) of the Extradition Act 1988 (Cth)
  2. 2 Whether all available information concerning identity and nationality accompanied the extradition request as required by Article 9(2)(a) of the Treaty
  3. 3 Whether the extradition request contained a description of each offence and a statement of acts or omissions as required by Article 9(3) of the Treaty

Ratio Decidendi

There was non-compliance with Article 9(2)(a) of the Treaty because not all available information concerning the identity and nationality of the applicant accompanied the extradition request, and such compliance is a legal precondition. All other grounds of review failed, but this defect required quashing the magistrate’s order and releasing the applicant.

Court Disposition

Order of the magistrate and warrant quashed; applicant to be released; costs awarded to applicant (further submissions on certain costs permitted)

Orders

  • Order of Magistrate Philip Wright made on 14 May 1997 and associated warrant quashed pursuant to s 21(2)(b)(i) of the Extradition Act 1988 (Cth)
  • Direct the Magistrate to order the release of the applicant