The Republic of Finland v Tervonen

The Republic of Finland sought the extradition of Jari Tapani Tervonen from Australia, who was facing charges in Finland for serious criminal offences. The matter was heard in the High Court of Australia, which was required to review the decisions of the lower courts that had denied extradition. The legal issues before the court were whether the extradition request complied with the Extradition Act 1988 and if the lower court had properly exercised its discretion in denying extradition.

The court found that the lower court had failed to properly consider the evidence and the requirements of the Extradition Act. The court held that the extradition request was valid and that the lower court had erred in its assessment of the evidence. The court also found that the lower court had not properly considered the principle of dual criminality, which requires that the offence for which extradition is sought must also be an offence in the requesting country. The court concluded that the lower court had exercised its discretion incorrectly and that the matter should be remitted to the lower court for reconsideration. The High Court allowed the appeal, set aside the orders of the lower court and directed that the first respondent be arrested and extradited to Finland. The first respondent was also ordered to pay the appellant's costs of the appeal.