Kalinovas v Republic of Lithuania [2015] FCA 961

Kalinovas v Republic of Lithuania [2015] FCA 961

The application is dismissed and the Magistrate's original order is confirmed because the supporting documents satisfied the requirements of s 19(3) of the Extradition Act 1988 (Cth); the applicant is an 'accused' for the purposes of the Act or, in any event, this is not justiciable at this stage; the dual criminality requirement is satisfied; and there are not substantial grounds for believing an extradition objection exists, as the evidence does not establish a real chance of prejudice in the Lithuanian criminal process on the basis of race or religion, and concern about treatment in prison by fellow inmates or guards does not satisfy s 7(c).

Jurisdiction
Australia
Judgment Date
31 August 2015
Procedural Posture
Application for Review of Magistrate's Extradition Decision / Judgment on Application for Review Under S 21 Extradition Act 1988 (cth)
Outcome
Application dismissed; Magistrate's order confirming eligibility for surrender confirmed; no order as to costs.
Legal Topics
['extradition Procedure' 'eligibility for Surrender' 'supporting Documents (extradition)' 'dual Criminality' 'extradition Objections' 'application of Evidence Act' 'nature of Review Under Extradition Act']
['extradition' 'criminal Law' 'administrative Law' 'evidence'] ['extradition Procedure' 'eligibility for Surrender' 'supporting Documents (extradition)' 'dual Criminality' 'extradition Objections' 'application of Evidence Act' 'nature of Review Under Extradition Act']

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Procedural Posture

Application for Review of Magistrate's Extradition Decision / Judgment on Application for Review Under S 21 Extradition Act 1988 (cth)

Legal Issues

  1. 1 ['Whether review under s 21 of the Extradition Act 1988 (Cth) is a rehearing and the scope of material before the Court' 'Whether the supporting documents produced satisfy s 19(3) of the Extradition Act 1988 (Cth)' "Whether Kalinovas is 'accused' or merely a 'suspect' for the purposes of the Act" 'Whether the dual criminality requirement in s 19(2)(c) is satisfied' 'Whether there are substantial grounds for believing that there is an extradition objection under s 7(c) of the Extradition Act 1988 (Cth)']

Ratio Decidendi

The application is dismissed and the Magistrate's original order is confirmed because the supporting documents satisfied the requirements of s 19(3) of the Extradition Act 1988 (Cth); the applicant is an 'accused' for the purposes of the Act or, in any event, this is not justiciable at this stage; the dual criminality requirement is satisfied; and there are not substantial grounds for believing an extradition objection exists, as the evidence does not establish a real chance of prejudice in the Lithuanian criminal process on the basis of race or religion, and concern about treatment in prison by fellow inmates or guards does not satisfy s 7(c).

Court Disposition

Application dismissed; Magistrate's order confirming eligibility for surrender confirmed; no order as to costs.

Orders

  • ['Orders made by Magistrate Andrews on 23 January 2015 are confirmed pursuant to s 21(2)(a) of the Extradition Act 1988 (Cth).' 'Application dismissed.' 'No order as to costs.' 'Court determines applicant is eligible for surrender to Republic of Lithuania for specified offences pursuant to s 21(6)(g) of the...