De Figueiredo -v- Commonwealth of Australia [2010] JRC 052 (11 March 2010)

De Figueiredo -v- Commonwealth of Australia [2010] JRC 052 (11 March 2010)

The statutory scheme under the Extradition (Jersey) Law 2004 provides an exclusive appeal process for challenging extradition orders; collateral challenges are not permitted where an appeal is available and pending. The grounds raised by the applicant can and should be pursued through the statutory appeal process.

Source-derived case information.

Citation
[2010] JRC 052
Parties
Applicant: Philip Eric de Figueiredo; Respondent: Her Majesty's Attorney General
Jurisdiction
Jersey
Judgment Date
11 March 2010
Procedural Posture
Application for Leave to Serve a Representation / Preliminary Application Prior to Appeal Hearing
Outcome
application refused
Legal Topics
Extradition Order, Statutory Compliance, Appeal Process, Collateral Challenge
Extradition Law Criminal Procedure Extradition Order Statutory Compliance Appeal Process Collateral Challenge

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Summary, issues, holding and outcome

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Parties

Philip Eric de Figueiredo

Applicant

Her Majesty's Attorney General

Respondent

Procedural Posture

Application for Leave to Serve a Representation / Preliminary Application Prior to Appeal Hearing

Legal Issues

  1. 1 Whether the applicant can challenge the Attorney General's extradition order by means other than the statutory appeal process
  2. 2 Whether the Attorney General's order and certificate complied with Articles 30 and 32 of the Extradition (Jersey) Law 2004

Ratio Decidendi

The statutory scheme under the Extradition (Jersey) Law 2004 provides an exclusive appeal process for challenging extradition orders; collateral challenges are not permitted where an appeal is available and pending. The grounds raised by the applicant can and should be pursued through the statutory appeal process.

Court Disposition

application refused

Orders

  • Leave to serve a Representation is refused.
  • Applicant to pay the costs of this application, enforcement stayed pending outcome of appeals.