FEDERAL COURT OF AUSTRALIA
Cabal v United Mexican States [2001] FCA 427
EXTRADITION – review of determination of eligibility for surrender by magistrate – nature of review process – nature of function conferred on magistrate and court – constitutional validity – Extradition Act 1988 (Cth) – request for extradition – supporting documents – no inquiry into foreign law – criteria for characterisation of documents issued by requesting country as “warrants” – statement of conduct – sufficiency – more than one offence in a statement – extradition objections – purpose of prosecution or punishment for political opinions – assessment on premise that offences committed – substantial grounds for believing – prejudice on account of political opinions – exclusion of material by magistrate – judicial review of magistrate’s decision – whether subsumed in s 21 review.
CONSTITUTIONAL LAW – separation of powers – review by court of magistrate’s administrative decision – whether exercise of judicial powers – nature of review.
WORDS AND PHRASES – “substantial grounds for believing”, “political opinions”.
Extradition Act 1988 (Cth) ss 3, 7(b), (c), 19(2)(d), 19(3)(a), 19(3)(c)(ii), 19(5), 21(6)(d), 22
Judiciary Act 1903 (Cth) ss 39B(1A)
Evidence Act 1995 (Cth) ss 135, 136Cabal v United Mexican States (No 3) [2000] FCA 1204 at pars 4, 8, 32, 42, 85-87, 104, 144-145, 153, 216, 218, 219, 220, 226, 235, 237, 238, 239, 240, 241, 243, 244 and 245
Bertran v Vanstone (2000) 173 ALR 63 at 76-88 referred to
Director of Public Prosecutions (Cth) v Kainhofer (1995) 185 CLR 528 at 538 referred to
Republic of South Africa v Dutton (1997) 77 FCR 128 at 136 referred to
The Queen v Quinn Ex parte Consolidated Foods Corporation (1977) 138 CLR 1 at 6, 8 and 18 followed
McDade v The United Kingdom [1999] FCA 1868 at par 22 referred to
Zoellerv Federal Republic of Germany (1989) 23 FCR 282 at 290, 299, 300 and 303 referred toThe Queen v Davison (1954) 90 CLR 353 at 366 followed
Nicholas v The Queen (1998) 193 CLR 173 at 207 followed
Re Dingjan; Ex parte Wagner (1995) 183 CLR 323 at 360 followed
The Queen v Trade Practices Tribunal, Ex parte Tasmanian Breweries Pty Ltd (1970) 123 CLR 361 at 373, 378 and 390 followed
Narain v Parnell (1986) 9 FCR 479 referred to
Schlieske v Federal Republic of Germany (No 2) (1987) 76 ALR 417 at 422 referred to
Todhunter v United States of America (1995) 57 FCR 70 at 80 referred to
Wiest v Director of Public Prosecutions (1988) 23 FCR 472 at 483, 485-486, 488-491, 505, and 521-522 followed
Papazoglou v Republic of the Philippines (1997) 74 FCR 108 at 129 and 139 followed
Federal Republic of Germany v Parker (1988) 84 FCR 323 at 341-2 referred to
National Mutual Holdings Pty Ltd v Sentry Corporation (1989) 22 FCR 209 at 226 referred to
Peniche v Vanstone (2000) 101 FCR 112 referred to
Rahardja v Republic of Indonesia [2000] FCA 1297 at pars 75-77 referred to
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- Case
- [2001] FCA 427
- Decision Date
CaseChat Overview and Summary
The Court considered the constitutionality of section 21 and concluded that while the hearing before the magistrate was administrative in nature, the review process by the Court was judicial in character. The Court rejected the argument that section 21 was invalid, finding it to be a statutory rehearing rather than judicial review. The Court further held that the documents provided by Mexico sufficiently outlined the offences and met the formal requirements of the Act. It also found no merit in the appellants' argument regarding political motivation in the extradition process. Consequently, the Court dismissed the appeal and affirmed the magistrate's decision.
The Court's decision upheld the validity of the Extradition Act and the process by which the appellants' surrender was authorised. The Court's ruling clarified the nature of the review process under the Act, distinguishing it from a purely administrative function. Additionally, the Court confirmed that the documents tendered by Mexico were adequate for the purposes of extradition. The appellants' contention that they were being extradited for political reasons was also rejected by the Court. The appeal was dismissed, and the appellants were ordered to pay the first respondent's costs of and incidental to the appeal.
Orders
Orders of the court
1. The appeal be dismissed.
2. The appellants pay the first respondent’s costs of and incidental to the appeal.
Background
Background to the litigation
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Ratio Decidendi
Legal Principle Established
Established by: HILL, WEINBERG AND DOWSETT JJ
Full text does not contain this section.