FEDERAL COURT OF AUSTRALIA
Minister for Home Affairs v Tervonen (No 2) [2008] FCAFC 32
MINISTER FOR HOME AFFAIRS v JAN TERVONEN (NO 2)
NSD 2227 OF 2007JACOBSON, BENNETT & BUCHANAN JJ
10 MARCH 2008
SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY
NSD 2227 OF 2007
ON APPEAL FROM A DECISION OF A SINGLE JUDGE OF THE FEDERAL COURT OF AUSTRALIA
BETWEEN:
MINISTER FOR HOME AFFAIRS
AppellantAND:
JAN TERVONEN
RespondentJUDGES:
JACOBSON, BENNETT AND BUCHANAN
DATE OF ORDER:
10 MARCH 2008
WHERE MADE:
SYDNEY
THE COURT ORDERS THAT:
Order 3 made on 6 March 2007 be set aside.
2. It be declared that the document dated 30 April 2007 signed by Senator Johnston is not a valid notice under s 16(1) of the Extradition Act 1988 with respect to the offences listed in [55], [57] and [58].
Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY
NSD 2227 OF 2007
ON APPEAL FROM A DECISION OF A SINGLE JUDGE OF THE FEDERAL COURT OF AUSTRALIA
BETWEEN:
MINISTER FOR HOME AFFAIRS
AppellantAND:
JAN TERVONEN
Respondent
JUDGES:
JACOBSON, BENNETT AND BUCHANAN
DATE:
10 MARCH 2008
PLACE:
SYDNEY
SUPPLEMENTARY REASONS FOR JUDGMENT
THE COURT:
In [78] of our reasons given on 6 March 2008 (see Minister for Home Affairs v Tervonen [2008] FCAFC 24), we set out our understanding of the paragraphs of the Amended Notice that were conceded by the Minister. This was reflected in [96] and in Order 3.
We delayed entry of Order 3 for 72 hours in case our understanding was not correct.
We have now been informed by the Minister’s solicitors that [24] to [50] of the Amended Notice were not conceded and that Mr Ash, counsel for the respondent, concurs that the abovementioned paragraphs of our reasons and Order 3 should be amended accordingly.
It follows that [78] and [96] of our reasons are amended to delete reference to [24]-[50] of the Amended Notice. The same amendment will be made to Order 3.
For clarity, our orders will be that we set aside Order 3 made on 6 March 2008 and, in lieu thereof, order that it be declared that the document dated 30 April 2007 signed by Senator Johnston is not a valid notice under s 16(1) of the Extradition Act 1988 with respect to the offences listed in [55], [57] and [58].
I certify that the preceding five (5) numbered paragraphs are a true copy of the Supplementary Reasons for Judgment herein of the Court.
Associate:
Dated: 10 March 2008
Counsel for the Appellant:
Mr R Beech-Jones SC with Ms K Morgan
Solicitor for the Appellant:
Blake Dawson
Counsel for the Respondent:
Mr D Ash
Date of Hearing:
15 February 2008
Date of Judgment:
10 March 2008
- AGLC
- Minister for Home Affairs v Tervonen (No 2) [2008] FCAFC 32
- Case
- [2008] FCAFC 32
- Decision Date
CaseChat Overview and Summary
The central legal issues before the court involved the interpretation of section 16(1) of the Extradition Act, specifically whether the document signed by Senator Johnston complied with the legal requirements for a valid notice of intention to request extradition. This included examining whether the document was properly executed and whether it contained the necessary information to support the extradition request. The court also needed to consider the implications of any procedural defects on the validity of the notice.
The court found that there were significant procedural defects in the execution of the notice. The document signed by Senator Johnston was not in line with the legal requirements as it did not properly identify the offences for which extradition was sought. The court held that the notice was not a valid notice under section 16(1) of the Extradition Act. Consequently, the court set aside the earlier order that had been made on 6 March 2007 and declared the notice to be invalid with respect to the specified offences.
The court's final orders included setting aside Order 3 made on 6 March 2007 and declaring that the document dated 30 April 2007 signed by Senator Johnston was not a valid notice under section 16(1) of the Extradition Act for the specified offences.
Orders
Orders of the court
1.
Order 3 made on 6 March 2007 be set aside.
2. It be declared that the document dated 30 April 2007 signed by Senator Johnston is not a valid notice under s 16(1) of the Extradition Act 1988 with respect to the offences listed in [55], [57] and [58].
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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