McDade v United Kingdom [1999] FCA 509

McDade v United Kingdom [1999] FCA 509

Considering the earlier circumstances together with the fresh evidence of the applicant's wife's high-risk pregnancy and required treatment, the applicant's capacity to assist with that treatment, the family's income position, and medical evidence of stress affecting the applicant's son and the applicant himself, the totality of circumstances constituted special circumstances under paragraph 21(6)(f)(iv) of the Extradition Act (1988) (Cth) and justified granting bail on conditions pending the hearing of the review application.

Jurisdiction
Australia
Judgment Date
26 March 1999
Procedural Posture
Extradition Release on Bail Pending Review / Fresh Application for Bail Pending the Hearing of the Applicant's Application for Review of the Second Respondent's Decision Ordering Eligibility for Surrender
Outcome
Application granted; the applicant was released on bail until his application for review dated 11 February 1999 has been heard.
Legal Topics
['release Pending Review' 'special Circumstances' 'risk of Flight' 'medical and Family Hardship Evidence']
['extradition' 'bail'] ['release Pending Review' 'special Circumstances' 'risk of Flight' 'medical and Family Hardship Evidence']

Case Brief

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Procedural Posture

Extradition Release on Bail Pending Review / Fresh Application for Bail Pending the Hearing of the Applicant's Application for Review of the Second Respondent's Decision Ordering Eligibility for Surrender

Legal Issues

  1. 1 ['Whether there were special circumstances under paragraph 21(6)(f)(iv) of the Extradition Act (1988) (Cth) justifying release on bail pending review.' "Whether the applicant's fresh medical and family evidence, considered with the circumstances previously relied on, met the high onus for special circumstances." 'Whether bail should be granted and on what conditions after the jurisdictional precondition of special circumstances was satisfied.']

Ratio Decidendi

Considering the earlier circumstances together with the fresh evidence of the applicant's wife's high-risk pregnancy and required treatment, the applicant's capacity to assist with that treatment, the family's income position, and medical evidence of stress affecting the applicant's son and the applicant himself, the totality of circumstances constituted special circumstances under paragraph 21(6)(f)(iv) of the Extradition Act (1988) (Cth) and justified granting bail on conditions pending the hearing of the review application.

Court Disposition

Application granted; the applicant was released on bail until his application for review dated 11 February 1999 has been heard.

Orders

  • ['The applicant provide a personal undertaking in the amount of $100,000 with a similar surety approved by a Justice of the Peace.' 'The applicant surrender any passport to the Commonwealth Director of Public Prosecutions.' 'The applicant not apply for the issue of any passport or other document of travel.' 'The...