Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
de Bruyn v Minister for Justice & Customs [2004] FCAFC 334 EXTRADITION – appeal – determination by Minister to surrender appellant to Republic of South Africa under s 22 of the Extradition Act 1988 (Cth) – whether surrender would be unjust, oppressive or incompatible with humanitarian considerations for the purpose of reg 5(4) of the Extradition (Republic of South Africa) Regulations – whether Minister misunderstood what may amount to humanitarian considerations – whether prison conditions in the requesting country are excluded from consideration – whether Minister erred in concluding that surrender would not be unjust, oppressive or incompatible with humanitarian considerations because no certainty that appellant would contract HIV/AIDS if made to serve a sentence in a South African prison
Statutes Crimes (Torture) Act 1988 (Cth) Extradition Act 1988 (Cth), ss 23, 22(2), 16, 19, 22, 22(3)(b), 22(3)(e), 11(1), 11, 22(1), 18, 19(9) Judiciary Act 1903 (Cth), s 39B
Cases Buck v Bavone (1975-1976) 135 CLR 110 Cons Cole v Whitfield (1988) 165 CLR 360 Cited De Bruyn v Republic of South Africa [1999] FCA 1344 Cited Lobo v Minister for Immigration and Multicultural and Indigenous Affairs (2003) 132 FCR 93 Foll Minister for Immigration and Multicultural Affairs v Yusuf (2001) 206 CLR 323 Cited Republic of South Africa v De Bruyn [1999] FCA 516 Cited JACOB JOHANNES DE BRUYN v MINISTER FOR JUSTICE AND CUSTOMS, SENATOR CHRIS ELLISON QUD 148 OF 2004 SPENDER, KIEFEL AND EMMETT JJ 22 DECEMBER 2004 BRISBANE
IN THE FEDERAL COURT OF AUSTRALIA
QUEENSLAND DISTRICT REGISTRY QUD 148 OF 2004
ON APPEAL FROM A SINGLE JUDGE OF THE FEDERAL COURT OF AUSTRALIA
BETWEEN: JACOB JOHANNES DE BRUYN
APPELLANT
AND: MINISTER FOR JUSTICE AND CUSTOMS, SENATOR CHRIS ELLISON
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