Kommatas v Hellenic Republic [2014] FCA 1224

Kommatas v Hellenic Republic [2014] FCA 1224

The Greek appellate judgment was duly authenticated and, according to evidence of Greek law, immediately enforceable as the lawful judicial document authorising Mr Kommatas' arrest and imprisonment. Applying the construction in Cabal, it therefore answered the description of a warrant issued by the extradition country for the arrest of the person for the offence under s 19(3)(a) of the Extradition Act 1988 (Cth). As no other challenge was made to the Chief Magistrate's order, the determination that Mr Kommatas was eligible for surrender was confirmed.

Jurisdiction
Australia
Judgment Date
07 November 2014
Procedural Posture
Application Under S 21 of the Extradition Act 1988 (cth) for Review of a Magistrate's Determination of Eligibility for Surrender / Review of the Chief Magistrate's S 19 Determination; No Further Evidence Was Admitted Under S 21 A; Determination Confirmed
Outcome
Application for review dismissed in substance; the Chief Magistrate's determination was confirmed and Mr Kommatas was held eligible for surrender to the Hellenic Republic.
Legal Topics
['eligibility for Surrender' 'supporting Documents' 'arrest Warrant Issued by Extradition Country' 'conviction in Absence' 'judicial Review Under the Extradition Act 1988 (cth)']
['extradition' 'administrative Law' 'practice and Procedure'] ['eligibility for Surrender' 'supporting Documents' 'arrest Warrant Issued by Extradition Country' 'conviction in Absence' 'judicial Review Under the Extradition Act 1988 (cth)']

Case Brief

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Procedural Posture

Application Under S 21 of the Extradition Act 1988 (cth) for Review of a Magistrate's Determination of Eligibility for Surrender / Review of the Chief Magistrate's S 19 Determination; No Further Evidence Was Admitted Under S 21 A; Determination Confirmed

Legal Issues

  1. 1 ['Whether the judgment of the Court of Appeal of Thessaloniki was a duly authenticated warrant, or duly authenticated copy of such a warrant, for the purposes of s 19(3)(a) of the Extradition Act 1988 (Cth).' 'What is meant by the expression "warrant issued by the extradition country for the arrest of the person for the offence" in s 19(3)(a) of the Extradition Act 1988 (Cth).' 'Whether the Chief Magistrate was correct to determine that Mr Kommatas was eligible for surrender to the Hellenic Republic.']

Ratio Decidendi

The Greek appellate judgment was duly authenticated and, according to evidence of Greek law, immediately enforceable as the lawful judicial document authorising Mr Kommatas' arrest and imprisonment. Applying the construction in Cabal, it therefore answered the description of a warrant issued by the extradition country for the arrest of the person for the offence under s 19(3)(a) of the Extradition Act 1988 (Cth). As no other challenge was made to the Chief Magistrate's order, the determination that Mr Kommatas was eligible for surrender was confirmed.

Court Disposition

Application for review dismissed in substance; the Chief Magistrate's determination was confirmed and Mr Kommatas was held eligible for surrender to the Hellenic Republic.

Orders

  • ['The order of the Second Respondent made on 10 July 2014 determining that the Applicant is eligible for surrender to the Hellenic Republic is confirmed.' 'The Applicant is eligible for surrender within the meaning of section 19(2) of the Extradition Act 1988 (Cth) in relation to the extradition offence of sexual...