Marku v Republic of Albania [2012] FCA 804

A s 19 magistrate may not determine whether the person on remand is the person convicted of the relevant offences; identity is not a jurisdictional fact for purposes of s 19 of the Extradition Act 1988 (Cth).

Jurisdiction: Australia
Judgment Date: 31 July 2012
Procedural Posture: Judicial Review/appeal / Determination of Preliminary Questions Prior to Trial of Other Issues
Outcome: Separate questions answered: (a) in the appeal proceeding, yes (magistrate was correct in holding not part of function to determine identity); (b) in the common law proceeding, no (identity not a jurisdictional fact).
Legal Topics: ['extradition Proceedings' 'mistaken Identity' 'jurisdictional Fact' 'role of Magistrate Under Extradition Act']

['extradition' 'administrative Law'] ['extradition Proceedings' 'mistaken Identity' 'jurisdictional Fact' 'role of Magistrate Under Extradition Act']

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Procedural Posture

Judicial Review/appeal / Determination of Preliminary Questions Prior to Trial of Other Issues

Legal Issues

1 ['Whether, in proceedings under s 19 of the Extradition Act 1988 (Cth), a magistrate may determine a claim of mistaken identity by the person on remand' 'Whether, if the magistrate may determine identity, identity is a jurisdictional fact']

Ratio Decidendi

Court Disposition

Separate questions answered: (a) in the appeal proceeding, yes (magistrate was correct in holding not part of function to determine identity); (b) in the common law proceeding, no (identity not a jurisdictional fact).

Orders

['The further hearing of the proceeding be adjourned to 13 August 2012.']