Kalejs v Republic of Latvia [2001] FCA 676

Kalejs v Republic of Latvia [2001] FCA 676

The applicant's advanced age and well-documented medical condition, including prostate cancer, blindness, dementia, frailty, cognitive impairment and need for full care and supervision, constituted special circumstances for the purposes of s 21(6)(f)(iv) of the Extradition Act 1988 (Cth). In light of those matters and his compliance with bail conditions since 13 December 2000, there was little risk he would abscond if released on the imposed conditions, so bail should be granted pending the review.

Jurisdiction
Australia
Judgment Date
06 June 2001
Procedural Posture
Extradition Review Application With Interlocutory Application for Bail / Application for Release on Bail Pending Hearing and Determination of Review Under S 21(1)(a) of the Extradition Act 1988 (cth) After Magistrate Determined Eligibility for Surrender and Committed Applicant to Prison
Outcome
Application for bail granted; applicant released on bail until the review has been heard and determined.
Legal Topics
['special Circumstances Justifying Bail' 'risk of Absconding' 'medical Condition' 'advanced Age' "review of Magistrate's Extradition Order"]
['extradition' 'bail'] ['special Circumstances Justifying Bail' 'risk of Absconding' 'medical Condition' 'advanced Age' "review of Magistrate's Extradition Order"]

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Procedural Posture

Extradition Review Application With Interlocutory Application for Bail / Application for Release on Bail Pending Hearing and Determination of Review Under S 21(1)(a) of the Extradition Act 1988 (cth) After Magistrate Determined Eligibility for Surrender and Committed Applicant to Prison

Legal Issues

  1. 1 ['Whether special circumstances justified releasing the applicant on bail pending review under s 21(6)(f)(iv) of the Extradition Act 1988 (Cth).' "Whether the applicant's advanced age and medical condition, together with low risk of absconding, amounted to special circumstances."]

Ratio Decidendi

The applicant's advanced age and well-documented medical condition, including prostate cancer, blindness, dementia, frailty, cognitive impairment and need for full care and supervision, constituted special circumstances for the purposes of s 21(6)(f)(iv) of the Extradition Act 1988 (Cth). In light of those matters and his compliance with bail conditions since 13 December 2000, there was little risk he would abscond if released on the imposed conditions, so bail should be granted pending the review.

Court Disposition

Application for bail granted; applicant released on bail until the review has been heard and determined.

Orders

  • ['Pursuant to s 21(6)(f)(iv) of the Extradition Act 1988 (Cth), the applicant be released on bail until the review has been heard and determined on his own undertaking.' 'The applicant reside permanently at the Latvian Retirement Village, Fraser Crescent, Wantirna, Victoria.' 'The applicant notify the Melbourne...