FEDERAL COURT OF AUSTRALIA
Cabal v United Mexican States [2001] FCA 97
EXTRADITION – application for leave to appeal from refusal of bail pending determination of appeal to Full Court against dismissal by single judge of application to review magistrate’s order – successive unsuccessful applications – “special circumstances” – whether changed circumstances necessary – whether comments of judges and others can be “special circumstances” – risk of absconding
Extradition Act 1988 (Cth) ss 21(6)(f)(iv), 53
Federal Court of Australia Act 1976 (Cth) s 24(1A)Cabal v United Mexican States [2000] FCA 7 - considered
Schoenmakers v Director of Public Prosecutions (1991) 30 FCR 70 - mentioned
Wu v Attorney-General (Cth) (1997) 79 FCR 303 - mentioned
Bertran v Minister for Justice (1999) 165 ALR 155 - mentioned
von Arnim v Federal Republic of Germany [1994] FCA 1747 - mentioned
Holt v Hogan(No 1) (1993) 44 FCR 572 - mentioned
Cabal v McDonnell [1999] VSC 221 - mentioned
Cabal v United Mexican States(No 2) [2000] FCA 295 – considered
Cabal v United Mexican States (No 5) [2000] FCA 525 - considered
Cabal v United Mexican States (No 3) [2000] FCA 1204 - mentioned
Cabal v Secretary v Department of Justice (Victoria) [2000] FCA 949 - considered
Cabal v Secretary, Department of Justice (Victoria) [2000] FCA 1227 - consideredCARLOS CABAL PENICHE v UNITED MEXICAN STATES
NO V 1 OF 2001HEEREY, MARSHALL and MERKEL JJ
21 FEBRUARY 2001
MELBOURNE
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY
V 1 OF 2001
BETWEEN:
CARLOS CABAL PENICHE
APPLICANTAND:
UNITED MEXICAN STATES
FIRST RESPONDENTLISA HANNAN M
SECOND RESPONDENTJUDGE:
HEEREY, MARSHALL AND MERKEL JJ
DATE OF ORDER:
21 FEBRUARY 2001
WHERE MADE:
MELBOURNE
THE COURT ORDERS THAT:
1. The application for leave to appeal is dismissed.
2. The applicant pay the respondents’ costs to be taxed, including reserved costs.
Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY
V 1 OF 2001
BETWEEN:
CARLOS CABAL PENICHE
APPLICANTAND:
UNITED MEXICAN STATES
FIRST RESPONDENTLISA HANNAN M
SECOND RESPONDENTJUDGE:
HEEREY, MARSHALL AND MERKEL JJ
DATE:
21 FEBRUARY 2001
PLACE:
MELBOURNE
REASONS FOR JUDGMENT
THE COURT:
The applicant Carlos Cabal Peniche (Mr Cabal) seeks leave to appeal from a decision of Gray J made on 20 December 2000 (Cabal v United Mexican States [2000] FCA 1892) dismissing his application to be admitted to bail pursuant to s 21(6)(f)(iv) of the Extradition Act 1988 (Cth) (the Act) which provides as follows:
“(6) Where the person or the extradition country:
(a)applies under subsection (1) for a review of an order [of a magistrate for surrender under s 19(9)];
(b)appeals under subsection (3) against an order made on that review; or
(c)appeals to the High Court against an order made on that appeal;
the following provisions have effect:
(d)…
(e)…
(f) if:
(i)because of the order referred to…
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- Case
- [2001] FCA 97
- Decision Date
CaseChat Overview and Summary
The primary legal issues before the court were whether the applicants could demonstrate "special circumstances" justifying their release on bail and whether the conditions of their detention constituted a breach of their rights that could impact the validity of their extradition warrant. Goldberg J meticulously reviewed the conditions under which the applicants were held, noting the differences between the Sirius East unit, where the applicants were placed for protective reasons, and the mainstream prison population. The judge also examined the applicants' arguments about the harshness of their conditions and whether these conditions warranted a more favourable view in relation to the grant of bail.
Goldberg J concluded that the applicants had not demonstrated special circumstances warranting bail. His Honour found that while the conditions in Sirius East were difficult, they did not differ significantly from those typically experienced by individuals awaiting extradition proceedings. The judge also determined that the applicants' detention conditions did not affect the validity of the extradition warrant. Consequently, Goldberg J dismissed the bail application and denied the applicants leave to appeal.
The court's final orders included dismissing the application for leave to appeal and directing the applicants to pay the respondents' costs, which were to be taxed, including any reserved costs.
Orders
Orders of the court
1. The application for leave to appeal is dismissed.
2. The applicant pay the respondents’ costs to be taxed, including reserved costs.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
Ratio Decidendi
Legal Principle Established
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