The Republic of Finland v Tervonen

[2008] FCAFC 25

FEDERAL COURT OF AUSTRALIA

The Republic of Finland v Tervonen [2008] FCAFC 25

THE REPUBLIC OF FINLAND v JAN TERVONEN AND MAGISTRATE PAUL LYON
NSD 2525 OF 2007

JACOBSON, BENNETT & BUCHANAN JJ
6 MARCH 2008
SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	NSD 2525 of 2007

ON APPEAL FROM A DECISION OF A SINGLE JUDGE OF THE FEDERAL COURT OF AUSTRALIA

BETWEEN:

THE REPUBLIC OF FINLAND
Appellant

AND:

JAN TERVONEN
First Respondent

MAGISTRATE PAUL LYON
Second Respondent

JUDGES:	JACOBSON, BENNETT & BUCHANAN JJ
DATE OF ORDER:	6 MARCH 2008
WHERE MADE:	SYDNEY

THE COURT ORDERS THAT:

1.   The appeal be allowed.

2.   Orders 1, 2 and 3 made by Gyles J on 20 December 2007 be set aside and, in lieu thereof, the matter be remitted to his Honour to be determined according to law.

3. The first respondent be arrested pursuant to s 21(6)(e) of the Extradition Act1988 (Cth).

4.   The first respondent pay the appellant’s costs of the appeal.

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 2525 of 2007

ON APPEAL FROM A DECISION OF A SINGLE JUDGE OF THE FEDERAL COURT OF AUSTRALIA

BETWEEN:

THE REPUBLIC OF FINLAND
Appellant

AND:

JAN TERVONEN
First Respondent

MAGISTRATE PAUL LYON
Second Respondent

JUDGES:

JACOBSON, BENNETT & BUCHANAN JJ

DATE:

6 MARCH 2008

PLACE:

SYDNEY

REASONS FOR JUDGMENT

THE COURT:

1. This is an appeal from orders made by Gyles J on 20 December 2007.

2. The parties agreed that the outcome of this appeal turns solely upon whether the appeal from Rares J in Tervonen v Minister for Justice and Customs (No 2) [2007] FCA 1684 succeeds.

3. We have made orders today the effect of which is to allow the appeal from Rares J: see Minister for Home Affairs v Tervonen [2008] FCAFC 24. It follows that we propose to make orders 1 – 4 in the Notice of Appeal filed on 21 December 2007, as follows:

   (1)       The appeal be allowed.

   (2)Orders 1, 2 and 3 made by Gyles J on 20 December 2007 be set aside and, in lieu thereof, the matter be remitted to his Honour to be determined according to law.

   (3)The first respondent be arrested pursuant to s 21(6)(e) of the Extradition Act1988 (Cth).

   (4)       The first respondent pay the appellant’s costs of the appeal.

I certify that the preceding three (3) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Court.

Associate:
Date:          6 March 2008

Counsel for the Appellant:	Mr R Beech-Jones SC with Ms K Morgan
Solicitor for the Appellant:	Commonwealth Director of Public Prosecutions
Counsel for the Respondent:	Mr D Ash
Date of Hearing:	15 February 2008
Date of Judgment:	6 March 2008