Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Mokbel v Attorney-General for the Commonwealth of Australia [2007] FCAFC 161
EXTRADITION –– validity of request for extradition to Australia issued by the Minister for Justice and Customs – whether s 40 of the Extradition Act 1988 (Cth) evinces a "contrary intention" for the purposes of s 19A of the Acts Interpretation Act 1901 (Cth). Attorney-General v Foster (1999) 84 FCR 582 considered Mokbel v Attorney-General for the Commonwealth of Australia [2007] FCA 1536 affirmed Re Patterson; ex parte Taylor (2001) 207 CLR 391 considered Acts Interpretation Act 1901 (Cth) s 19A Extradition Act 1988 (Cth) s 40 Constitution ss 61, 62 and 64 Administrative Arrangements Order, Commonwealth of Australia Gazette (No. S178, 21 September 2006) ANTONIOS SAJIH MOKBEL v ATTORNEY-GENERAL FOR THE COMMONWEALTH OF AUSTRALIA & ANOR 915 OF 2007
HEEREY, NORTH & JESSUP JJ
12 OCTOBER 2007
MELBOURNE IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY VID 915 OF 2007
ON APPEAL FROM A SINGLE JUDGE OF THE FEDERAL COURT OF AUSTRALIA
BETWEEN: ANTONIOS SAJIH MOKBEL
Appellant
AND: ATTORNEY-GENERAL FOR THE COMMONWEALTH OF AUSTRALIA
First Respondent
THE MINISTER FOR JUSTICE AND CUSTOMS
Second Respondent
JUDGES: HEEREY, NORTH & JESSUP JJ
DATE OF ORDER: 12 OCTOBER 2007
WHERE MADE: MELBOURNE
THE COURT ORDERS THAT:
1. The appeal be dismissed. 2. The appellant pay the respondents' 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
VICTORIA DISTRICT REGISTRY VID 915 OF 2007
ON APPEAL FROM A SINGLE JUDGE OF THE FEDERAL COURT OF AUSTRALIA
BETWEEN: ANTONIOS SAJIH MOKBEL
Appellant
AND: ATTORNEY-GENERAL FOR THE COMMONWEALTH OF AUSTRALIA
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