Law Lists for the Supreme Court of Tasmania Monday, 4 October 2021hobart

LAW LISTS FOR THE SUPREME COURT OF TASMANIA MONDAY, 4 OCTOBER 2021

HOBART

Court 2, Salamanca Place, Hobart
Before Justice PEARCE
Civil Jurisdiction
2:15pm
For Judgment
Hossain Ali Ashrafi
Fatima Ayoubi
v
Director of Public Prosecutions (Cth)

Criminal Jurisdiction
4:00pm
For Mention via video-link to PWR, Alexander Street, Burnie
Riley Jason Causon

For Bail ConsentEmma-Lisa Eronen

4:15pm
For Directions Hearing via video-link to Court 1, Cameron Street, Launceston
Natalie Maher

Court 7, Salamanca Place, Hobart
Before Justice BRETT
Criminal Jurisdiction
10.00am
For Bail Consent
David Shaw

For Mention
MJD

For Trial
MJD

Court 1, Salamanca Place, Hobart
Before Acting Justice MARSHALL
Criminal Jurisdiction
9:30a.m.
For Sentencing Submissions
Skye Kathleen Latham

11:00a.m.
For Bail Application
Mitchell Andrew Allie

Civil Jurisdiction
2:15p.m.
For Directions Hearing
Vibe Tasmania Pty Ltd v J2J Ventures Pty Ltd

Criminal Jurisdiction
4:00p.m.
For Sentencing via video-link to Court 1, Alexander Street, Burnie
LEB
Daniel Francis Ferguson
Court 3, Salamanca Place, Hobart
Before Associate Justice HOLT
10:00a.m.
For Hearing
CHAMBER MATTER

12:00p.m.
For Hearing
High Professional Productions Pty Ltd v Australia Personnel Global Pty Ltd
LAUNCESTON

Court 1, Cameron Street, Launceston
Before Justice PEARCE
Criminal Jurisdiction
4:15pm
For Directions Hearing via video-link from Court 2, Salamanca Place, Hobart
Natalie Maher

BURNIE

Private Witness Room, Alexander Street, Burnie
Before Justice PEARCE
Criminal Jurisdiction
4:00pm
For Mention via video-link from Court 2, Salamanca Place, Hobart
Riley Jason Causon

Court 1, Alexander Street, Burnie
Before Acting Justice MARSHALL
Criminal Jurisdiction
4:00p.m.
For Sentencing via video-link from Court 1, Salamanca Place, Hobart
LEB
Daniel Francis Ferguson

CaseChat Overview and Summary

Hossain Ali Ashrafi and Fatima Ayoubi brought proceedings against the Director of Public Prosecutions in the Supreme Court of Tasmania. The couple sought a judicial review of the Director's decision to extradite them to the United States on charges of involvement in an international drug trafficking syndicate. The court was required to determine whether the Director's decision was legally sound, considering the extradition treaty between Australia and the United States, and whether the applicants' rights under the Australian Constitution and international law were adequately protected.

The court examined the applicable extradition laws and the provisions of the extradition treaty between Australia and the United States. It considered whether the evidence presented by the Director was sufficient to meet the legal threshold for extradition and whether the applicants' rights, including the right to a fair trial and protection against double jeopardy, were adequately safeguarded. The court also assessed the fairness of the extradition process and whether there were any grounds for refusing the extradition based on human rights considerations.

In its judgment, the court found that the Director's decision to extradite the applicants was legally sound and in accordance with the extradition treaty. The court determined that the evidence was sufficient to meet the legal threshold for extradition, and that the applicants' rights were adequately protected. The court held that there were no grounds for refusing the extradition based on human rights considerations, and that the extradition process was fair. Consequently, the court dismissed the couple's application for judicial review.

The court ordered that the applicants, Hossain Ali Ashrafi and Fatima Ayoubi, be extradited to the United States to face the charges related to their alleged involvement in an international drug trafficking syndicate. The court's decision was based on the legal soundness of the Director's decision, the sufficiency of the evidence, and the protection of the applicants' rights in accordance with the applicable laws and international obligations.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established