Rosario v Republic of Argentina [2005] FCA 1764

Rosario v Republic of Argentina [2005] FCA 1764

The supporting documents before the magistrate satisfied both s 19(3)(a) and s 19(3)(c)(ii) of the Extradition Act 1988 (Cth); therefore, the magistrate's determination that the applicant was eligible for surrender should be confirmed.

Parties
Applicant: Steven Michael Rosario; First Respondent: Republic of Argentina; Second Respondent: Deborah Ann Sweeney
Jurisdiction
Australia
Judgment Date
12 October 2005
Procedural Posture
Application for Review Under S 21(1) of the Extradition Act 1988 (cth) / Judgment on Application to Review Magistrate's Order
Outcome
application dismissed
Legal Topics
Extradition Proceedings, Requirements for Supporting Documents, Interpretation of Extradition Act, Eligibility for Surrender
Criminal Law Extradition Law Extradition Proceedings Requirements for Supporting Documents Interpretation of Extradition Act Eligibility for Surrender

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Parties

Steven Michael Rosario

Applicant

Republic of Argentina

First Respondent

Deborah Ann Sweeney

Second Respondent

Procedural Posture

Application for Review Under S 21(1) of the Extradition Act 1988 (cth) / Judgment on Application to Review Magistrate's Order

Legal Issues

  1. 1 Whether the supporting documents produced to the magistrate satisfied s 19(3)(a) and s 19(3)(c)(ii) of the Extradition Act 1988 (Cth)
  2. 2 Whether the arrest warrant must state the offence on its face
  3. 3 Whether a statement setting out the conduct constituting the offence was sufficiently specific

Ratio Decidendi

The supporting documents before the magistrate satisfied both s 19(3)(a) and s 19(3)(c)(ii) of the Extradition Act 1988 (Cth); therefore, the magistrate's determination that the applicant was eligible for surrender should be confirmed.

Court Disposition

application dismissed

Orders

  • The application be dismissed.
  • The applicant pay the first respondent's costs.