Kisun v New Zealand & Anor

[2025] HCADisp 8

KISUN

v

NEW ZEALAND & ANOR

[2025] HCADISP 8
S132/2024

1. The applicant seeks an extension of time within which to seek special leave to appeal from a judgment of the Full Court of the Federal Court of Australia (Bromwich, Abraham and Halley JJ) dismissing an appeal against the decision of the Federal Court of Australia (Perram J) which, in turn, dismissed the applicant's application to review a decision made by the second respondent, a magistrate, that the applicant should be surrendered to the first respondent, New Zealand, pursuant to s 34(1) of the Extradition Act 1988 (Cth).

2. Special leave to appeal must be refused. The applicant failed to lodge their application for special leave to appeal within the time period specified by s 35(5) of the Extradition Act, and this Court has no power to grant an extension of time. Even if this Court had power to grant an extension of time, the proposed appeal to this Court does not raise an issue of public importance and otherwise would have insufficient prospects of success to warrant the grant of special leave to appeal.

3. Special leave to appeal is refused with costs.

   Gageler CJ
   Gordon J
   Edelman J
   Steward J 
   Gleeson J
   Jagot J
   Beech-Jones J

   6 February 2025