United Mexican States v Pasini

The High Court of Australia considered an appeal by the United Mexican States against an order granting bail to Mr Pasini, who was subject to extradition proceedings. The dispute concerned the circumstances under which the High Court has the power to grant bail to an individual facing extradition, and whether those circumstances were met in Mr Pasini's case.

The legal issues before the Court were whether the High Court possessed the power to grant bail to an applicant subject to an extradition determination, either under the *Extradition Act 1988* (Cth) or the Constitution, and what constituted "special circumstances" justifying the grant of bail in such proceedings. The Court also had to consider whether the risk of flight outweighed any established special circumstances.

The Court reasoned that the grant of bail to Mr Pasini by a single judge was vitiated by the same errors of discretion that had occurred in a related case. While acknowledging that Mr Pasini presented a stronger case for bail than the applicant in the related case, particularly given his compliance with previous bail conditions, the Court noted significant evidence of a flight risk. This included Mr Pasini's movements between countries while aware of extradition proceedings and his and his wife's entry into Australia under false identities with forged documents. The Court concluded that the discretion to grant bail had not been properly exercised.

The High Court granted leave to appeal, allowed the appeal, set aside the order for bail made by Kirby J, and dismissed Mr Pasini's application for bail. The United Mexican States was ordered to pay Mr Pasini's costs of the appeal and the proceedings at first instance.