Minister for Justice and Customs v Tervonen [2007] FCA 2048

Minister for Justice and Customs v Tervonen [2007] FCA 2048

The appeal should be expedited because it raises important questions about the requirements imposed by s 16 of the Extradition Act 1988 (Cth) and Williams, the Commonwealth's obligation to handle foreign extradition requests expeditiously, and the respondent may be entitled to release from custody if Rares J's decision is given effect subject to a further s 16 notice.

Jurisdiction
Australia
Judgment Date
05 December 2007
Procedural Posture
Appeal in Extradition Proceedings / Notice of Motion for Expedition of Appeal
Outcome
Motion granted; hearing of the appeal expedited, costs reserved, and liberty granted to approach the appeal registrar to fix a hearing date.
Legal Topics
['expedition of Appeal' 'extradition Act S 16 Notices' 'validity of Extradition Notices' 'ministerial Obligations']
['extradition' 'administrative Law' 'federal Court Procedure'] ['expedition of Appeal' 'extradition Act S 16 Notices' 'validity of Extradition Notices' 'ministerial Obligations']

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Procedural Posture

Appeal in Extradition Proceedings / Notice of Motion for Expedition of Appeal

Legal Issues

  1. 1 ['Whether the hearing of the appeal should be expedited.' 'Whether Rares J went beyond the requirements imposed by s 16 of the Extradition Act 1988 (Cth) and Williams v Minister for Justice and Customs [2007] FCAFC 33, 157 FCR 286 in a manner imposing unwarranted obligations upon the Minister.' 'The obligation imposed upon the Commonwealth by the Extradition Act 1988 (Cth) to deal with requests from foreign countries expeditiously.']

Ratio Decidendi

The appeal should be expedited because it raises important questions about the requirements imposed by s 16 of the Extradition Act 1988 (Cth) and Williams, the Commonwealth's obligation to handle foreign extradition requests expeditiously, and the respondent may be entitled to release from custody if Rares J's decision is given effect subject to a further s 16 notice.

Court Disposition

Motion granted; hearing of the appeal expedited, costs reserved, and liberty granted to approach the appeal registrar to fix a hearing date.

Orders

  • ['The name of the Appellant be amended to read "Minster for Home Affairs".' 'The hearing of the appeal be expedited.' 'Costs reserved.' 'Liberty to the parties to approach the appeal registrar with a view to fixing a date for the hearing of the appeal.']