Foster v Minister for Customs and Justice

Foster v Minister for Customs and Justice involved an application by the applicant for a declaration that the warrant issued by the Minister under s 23 of the Extradition Act 1988 (Cth) providing for his surrender to the United Kingdom was a nullity, and for consequential injunctive relief. The application was brought under s 39B of the Judiciary Act 1903 (Cth). The court was required to determine whether the Minister complied with the requirements of s 22(3) of the Extradition Act when she made her decision to surrender the applicant for extradition to the United Kingdom.

The court examined the obligations imposed on the Minister by s 22(3) of the Extradition Act and the relevant regulations. The court noted that the Minister was required to consider certain circumstances before deciding to issue a warrant for surrender, and that if she was satisfied that any of those circumstances existed, she was bound to refuse surrender. The court found that the Minister had not failed to advert to any relevant considerations, and that the applicant had not established that the Minister’s decision was invalid.

The court dismissed the application and ordered that the applicant pay the respondent’s costs of and incidental to the application. The court held that the Minister had complied with the requirements of s 22(3) of the Extradition Act, and that there was no impediment to the validity of the warrant for surrender.