Castle v United States (No 3) [2018] FCA 2022

Castle v United States (No 3) [2018] FCA 2022

The requirements of ss 19(1) and (2) of the Extradition Act 1988 (Cth) for eligibility for surrender were satisfied, and the applicant failed to establish any extradition objection or legal error by the s 19 Judge; the application was therefore dismissed and the order for the applicant's surrender confirmed.

Jurisdiction
Australia
Judgment Date
14 December 2018
Procedural Posture
Application for Review Under S 21 of the Extradition Act 1988 (cth) and Judicial Review Under S 39 B of the Judiciary Act 1903 (cth) / Judgment on Application for Review and Judicial Review
Outcome
Application dismissed; decision of s 19 Judge confirmed; applicant determined eligible for surrender to the United States.
Legal Topics
['eligibility for Surrender Under Extradition Act' 'extradition Objections' 'jurisdiction' 'procedural Fairness' 'dual Criminality' 'immunity From Extradition' 'review of Extradition Orders']
['extradition' 'administrative Law' 'constitutional Law' 'human Rights'] ['eligibility for Surrender Under Extradition Act' 'extradition Objections' 'jurisdiction' 'procedural Fairness' 'dual Criminality' 'immunity From Extradition' 'review of Extradition Orders']

Case Brief

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Procedural Posture

Application for Review Under S 21 of the Extradition Act 1988 (cth) and Judicial Review Under S 39 B of the Judiciary Act 1903 (cth) / Judgment on Application for Review and Judicial Review

Legal Issues

  1. 1 ["Whether requirements of ss 19(1) and (2) of the Extradition Act 1988 (Cth) were established for applicant's surrender" 'Whether applicant had established an extradition objection under s 7 of the Act' 'Whether procedural fairness was afforded in the s 19 hearing' "Whether alleged immunity as 'internationally protected person' precluded extradition" 'Jurisdiction and adequacy of evidence before the s 19 Judge']

Ratio Decidendi

The requirements of ss 19(1) and (2) of the Extradition Act 1988 (Cth) for eligibility for surrender were satisfied, and the applicant failed to establish any extradition objection or legal error by the s 19 Judge; the application was therefore dismissed and the order for the applicant's surrender confirmed.

Court Disposition

Application dismissed; decision of s 19 Judge confirmed; applicant determined eligible for surrender to the United States.

Orders

  • ['The application for review under s 21 of the Extradition Act 1988 (Cth) filed on 22 December 2017 is dismissed.' 'Pursuant to s 21(2)(a) of the Extradition Act 1988 (Cth) the order of the second respondent made on 8 December 2017, is confirmed.' 'The application pursuant to s 39B of the Judiciary Act 1903 (Cth) is...