Minister for Home Affairs v Tervonen (No 2) [2008] FCAFC 32
Order 3 made on 6 March 2008 is set aside, and it is declared that the document dated 30 April 2007 signed by Senator Johnston is not a valid notice under s 16(1) of the Extradition Act 1988 in respect to the offences listed in [55], [57] and [58].
Source-derived case information.
- Parties
- Appellant: Minister for Home Affairs; Respondent: Jan Tervonen
- Jurisdiction
- Australia
- Judgment Date
- 10 March 2008
- Procedural Posture
- Appeal / Supplementary Reasons for Judgment After Hearing and Orders
- Outcome
- Order 3 made on 6 March 2008 set aside; declaration made regarding invalidity of the notice for specified offences.
- Legal Topics
- Validity of Notice Under Extradition Act 1988, Procedure on Appeal, Amendment of Orders
Source-derived case record
Summary, issues, holding and outcome
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Parties
Minister for Home Affairs
Appellant
Jan Tervonen
Respondent
Procedural Posture
Appeal / Supplementary Reasons for Judgment After Hearing and Orders
Legal Issues
- 1 Whether the document dated 30 April 2007 signed by Senator Johnston constituted a valid notice under s 16(1) of the Extradition Act 1988 with respect to certain offences.
- 2 Whether previous orders and reasons correctly reflected concessions made by the Minister regarding paragraphs of the Amended Notice.
Ratio Decidendi
Order 3 made on 6 March 2008 is set aside, and it is declared that the document dated 30 April 2007 signed by Senator Johnston is not a valid notice under s 16(1) of the Extradition Act 1988 in respect to the offences listed in [55], [57] and [58].
Court Disposition
Order 3 made on 6 March 2008 set aside; declaration made regarding invalidity of the notice for specified offences.
Orders
- Order 3 made on 6 March 2007 be set aside.
- It be declared that the document dated 30 April 2007 signed by Senator Johnston is not a valid notice under s 16(1) of the Extradition Act 1988 with respect to the offences listed in [55], [57] and [58].
Full Case Text
Judgment text and source record
27 paragraphs
FEDERAL COURT OF AUSTRALIA Minister for Home Affairs v Tervonen (No 2) [2008] FCAFC 32 MINISTER FOR HOME AFFAIRS v JAN TERVONEN NSD 2227 OF 2007 JACOBSON, BENNETT & BUCHANAN JJ 10 MARCH 2008 SYDNEY IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALESDISTRICT REGISTRY NSD 2227 OF 2007
ON APPEAL FROM A DECISION OF A SINGLE JUDGE OF THE FEDERAL COURT OF AUSTRALIA
BETWEEN: MINISTER FOR HOME AFFAIRS
Appellant
AND: JAN TERVONEN
Respondent
JUDGES: JACOBSON, BENNETT AND BUCHANAN DATE OF ORDER: 10 MARCH 2008
WHERE MADE: SYDNEY
THE COURT ORDERS THAT:
1. Order 3 made on 6 March 2007 be set aside. 2. It be declared that the document dated 30 April 2007 signed by Senator Johnston is not a valid notice under s 16(1) of the Extradition Act 1988 with respect to the offences listed in [55], [57] and [58].
Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALESDISTRICT REGISTRY NSD 2227 OF 2007
ON APPEAL FROM A DECISION OF A SINGLE JUDGE OF THE FEDERAL COURT OF AUSTRALIA
BETWEEN: MINISTER FOR HOME AFFAIRS
Appellant
AND: JAN TERVONEN
Respondent
JUDGES: JACOBSON, BENNETT AND BUCHANAN
DATE: 10 MARCH 2008
PLACE: SYDNEY
SUPPLEMENTARY REASONS FOR JUDGMENT THE COURT: 1 In [78] of our reasons given on 6 March 2008 (see Minister for Home Affairs v Tervonen [2008] FCAFC 24), we set out our understanding of the paragraphs of the Amended Notice that were conceded by the Minister. This was reflected in [96] and in Order 3. 2 We delayed entry of Order 3 for 72 hours in case our understanding was not correct. 3 We have now been informed by the Minister's solicitors that [24] to [50] of the Amended Notice were not conceded and that Mr Ash, counsel for the respondent, concurs that the abovementioned paragraphs of our reasons and Order 3 should be amended accordingly. 4 It follows that [78] and [96] of our reasons are amended to delete reference to [24]-[50] of the Amended Notice. The same amendment will be made to Order 3. 5 For clarity, our orders will be that we set aside Order 3 made on 6 March 2008 and, in lieu thereof, order that it be declared that the document dated 30 April 2007 signed by Senator Johnston is not a valid notice under s 16(1) of the Extradition Act 1988 with respect to the offences listed in [55], [57] and [58]. I certify that the preceding five (5) numbered paragraphs are a true copy of the Supplementary Reasons for Judgment herein of the Court.
Associate: Dated: 10 March 2008 Counsel for the Appellant: Mr R Beech-Jones SC with Ms K Morgan
Solicitor for the Appellant: Blake Dawson
Counsel for the Respondent: Mr D Ash
Date of Hearing: 15 February 2008
Date of Judgment: 10 March 2008