Minister for Home Affairs v Tervonen (No 2)

[2008] FCAFC 32

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 2007

JACOBSON, 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 Appellant
AND:	JAN TERVONEN Respondent
JUDGES:	JACOBSON, BENNETT AND BUCHANAN
DATE OF ORDER:	10 MARCH 2008
WHERE MADE:	SYDNEY

THE COURT ORDERS THAT:

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].

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 Appellant
AND:	JAN TERVONEN Respondent

JUDGES:	JACOBSON, BENNETT AND BUCHANAN
DATE:	10 MARCH 2008
PLACE:	SYDNEY

SUPPLEMENTARY REASONS FOR JUDGMENT

THE COURT:

1. 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.

2. We delayed entry of Order 3 for 72 hours in case our understanding was not correct.

3. 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.

4. 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.

5. 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