Rivera v Minister Administering the Extradition Act 1988 (Cth) [2007] FCAFC 191

FEDERAL COURT OF AUSTRALIA

Rivera v Minister Administering the Extradition Act 1988 (Cth) [2007] FCAFC 191 EXTRADITION – appeal against dismissal of application for writ of prohibition and injunctive relief to restrain the execution of a surrender warrant – s 23 of Extradition Act requires the issue of a surrender warrant following a valid surrender determination without any further decision – neither communication with the United Nations (based upon United Nations Convention against Torture and other Cruel and Inhumane or Degrading Treatment or Punishment (Convention against Torture) nor involvement in litigation within Australia by person subject to surrender determination was a basis for judicial intervention in relation to the operation of s 23 CONSTITUTIONAL LAW – whether involvement in Australian court proceedings a bar to extradition PRACTICE AND PROCEDURE – whether proceeding an abuse of process INTERNATIONAL LAW – effect of Convention against Torture and International Covenant on Civil and Political Rights in extradition proceeding Constitution, Ch III, s 75(v) Crimes Torture Act 1988 (Cth) Extradition Act 1988 (Cth), s 22, s 23 Judiciary Act 1903 (Cth), s 39B International Covenant on Civil and Political Rights, Article 14 Convention against Torture and other Cruel and Inhumane or Degrading Treatment or Punishment, Art 3(1), Art 22 Rivera v Minister for Justice and Customs [2007] FCA 1693 affirmed Rivera v Minister for Justice and Customs (2007) 160 FCR 115 cited Rivera v Minister for Justice and Customs [2006] FCA 1784 cited Batistatos v Roads and Traffic Authority (NSW) (2006) 226 CLR 256 cited Harris v Attorney-General (Cth) (1994) 52 FCR 386referred to Hunter v Chief Constable of the West Midlands Police [1982] AC 529 cited SZBYR v Minister for Immigration and Citizenship (2007) 235 ALR 609cited Vasiljkovic v Commonwealth (2006) 227 CLR 614cited Walton v Gardiner (1993) 177 CLR 378 applied LAWRENCE RIVERA v MINISTER ADMINISTERING THE EXTRADITION ACT 1988 (CTH)