Rivera v Human Rights and Equal Opportunity Commission [2007] FCA 2037

Rivera v Human Rights and Equal Opportunity Commission [2007] FCA 2037

The appeal was not expedited because the issues before Jacobson J did not impact upon the appellant's extradition or the Minister's ability to give effect to the extradition warrant, the decision under appeal disclosed no self-evident error and was not attended with sufficient doubt, and the appellant's possible practical difficulties in prosecuting the appeal if extradited did not justify expedition.

Jurisdiction
Australia
Judgment Date
13 December 2007
Procedural Posture
Appeal From a Single Judge With Interlocutory Notice of Motion / Notice of Motion Seeking Expedition of the Hearing of the Appeal
Outcome
The Appellant's Notice of Motion filed 12 December 2007 was dismissed, with no order as to costs.
Legal Topics
['human Rights and Equal Opportunity Commission Complaint' 'declining to Continue Inquiry' 'expedition of Appeal' 'conditions of Detention' 'extradition Detention']
['administrative Law' 'human Rights' 'extradition'] ['human Rights and Equal Opportunity Commission Complaint' 'declining to Continue Inquiry' 'expedition of Appeal' 'conditions of Detention' 'extradition Detention']

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 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Appeal From a Single Judge With Interlocutory Notice of Motion / Notice of Motion Seeking Expedition of the Hearing of the Appeal

Legal Issues

  1. 1 ["Whether the hearing of the appellant's appeal should be expedited." "Whether the issues in the appeal impacted upon the appellant's extradition or the Minister's ability to give effect to the warrant for extradition." "Whether the appellant's prospects of success on appeal justified expedition despite possible practical difficulty if he were extradited."]

Ratio Decidendi

The appeal was not expedited because the issues before Jacobson J did not impact upon the appellant's extradition or the Minister's ability to give effect to the extradition warrant, the decision under appeal disclosed no self-evident error and was not attended with sufficient doubt, and the appellant's possible practical difficulties in prosecuting the appeal if extradited did not justify expedition.

Court Disposition

The Appellant's Notice of Motion filed 12 December 2007 was dismissed, with no order as to costs.

Orders

  • ["The Appellant's Notice of Motion as filed 12 December 2007 is dismissed." 'No order as to costs.']