Tervonen v Finland [2008] FCA 781

Tervonen v Finland [2008] FCA 781

The applicant’s review grounds failed because the supporting documents complied with the requirements for authentication and substance under s 19 of the Extradition Act 1988 (Cth), the dual criminality requirement was met, time limitations in Finland were not relevant to the eligibility determination, and the applicant was given reasonable time to prepare; as such, the Magistrate’s order for surrender was confirmed except for offences previously excluded by the Full Court.

Parties
Applicant: Jan Tervonen; First Respondent: Finland; Second Respondent: Magistrate Paul Lyon
Jurisdiction
Australia
Judgment Date
29 May 2008
Procedural Posture
Extradition Review / Rehearing Following Remittal by the Full Court
Outcome
Orders of Magistrate confirmed save for certain excluded offences; costs awarded to first respondent.
Legal Topics
Eligibility for Surrender, Authentication of Warrants, Dual Criminality, Time Limitation, Sufficiency of Supporting Documents
Extradition Criminal Law Administrative Law Eligibility for Surrender Authentication of Warrants Dual Criminality Time Limitation Sufficiency of Supporting Documents

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 17 Party arguments 2
Sign in to unlock

Parties

Jan Tervonen

Applicant

Finland

First Respondent

Magistrate Paul Lyon

Second Respondent

Procedural Posture

Extradition Review / Rehearing Following Remittal by the Full Court

Legal Issues

  1. 1 Whether the supporting documents (arrest warrants) were sufficient and validly authenticated under s 19 of the Extradition Act 1988 (Cth)
  2. 2 Whether the arrest warrants were for the arrest of the applicant for an extradition offence or for coercive investigation only
  3. 3 Whether dual criminality was established for all extradition offences

Ratio Decidendi

The applicant’s review grounds failed because the supporting documents complied with the requirements for authentication and substance under s 19 of the Extradition Act 1988 (Cth), the dual criminality requirement was met, time limitations in Finland were not relevant to the eligibility determination, and the applicant was given reasonable time to prepare; as such, the Magistrate’s order for surrender was confirmed except for offences previously excluded by the Full Court.

Court Disposition

Orders of Magistrate confirmed save for certain excluded offences; costs awarded to first respondent.

Orders

  • The order of Magistrate Paul Lyon made on 6 June 2007 be confirmed except for the offences listed in paragraphs 55, 57 and 58 of the notice dated 30 April 2007.
  • The applicant pay the costs of the first respondent.