Kalinovas v Republic of Lithuania

In Kalinovas v Republic of Lithuania, the applicant, Mr Kalinovas, sought judicial review of a decision by Magistrate Andrews to surrender him to the Republic of Lithuania for extradition. The primary legal issues before the Court were whether the review of the magistrate's decision constituted a "rehearing" under section 21 of the Extradition Act 1988 (Cth), whether the Court was bound by the material before the magistrate, and whether the evidence provided by Mr Kalinovas was admissible and of probative weight. Additionally, the Court had to determine if Mr Kalinovas had established substantial grounds for an extradition objection under section 19(2)(d) of the Act.

The Court held that the review was not a rehearing in the strict sense but rather an assessment of whether the magistrate's decision was legally sound. The Court was not bound by the magistrate's evidentiary rulings but was limited to the material before the magistrate. The evidence provided by Mr Kalinovas, including the affidavits by Mr Kalinovas and Rabbi Yoram Ulman, was deemed admissible and of probative weight, as it was relevant to the potential prejudice Mr Kalinovas would face if extradited. The Court concluded that the alleged conduct would have constituted an extradition offence in New South Wales if it had occurred there. However, the Court found that the fear of mistreatment in Lithuanian prisons did not constitute a sufficient extradition objection as it did not directly relate to Mr Kalinovas' trial or punishment.

The Court confirmed the magistrate's orders and dismissed the application. The Court also determined that Mr Kalinovas was eligible for surrender in relation to the specified extradition offences. No order was made as to costs.