Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Tervonen v Finland [2009] FCAFC 3
EXTRADITION – attempt to review extradition request – whether appellant is extraditable person within meaning of Extradition Act 1988 (Cth) – whether proceedings were incapable of success – whether proceedings raised any justiciable issue – whether proceedings an abuse of process PRACTICE AND PROCEDURE – Anshun estoppel – whether arguments raised by appellant had been raised in other proceedings – whether Anshun estoppel applies in a proceeding concerning judicial review of administrative action where executive government is involved
Extradition Act 1988 (Cth) ss 6(a)(i), 16, 19, 21, 22 Judiciary Act 1903 (Cth) s 39B Applicants S503/2003 v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCAFC 133 Décor Corporation Pty Ltd v Dart Industries Inc (1991) 33 FCR 397 Minister for Home Affairs v Tervonen (2008) 166 FCR 91 Port of Melbourne Authority v Anshun Pty Ltd (1981) 147 CLR 589 Tervonen v Finland [2008] FCA 781 Tervonen v Finland [2008] FCA 1539 Tervonen v Minister for Justice and Customs (No 2) [2007] FCA 1684 Wong v Minister for Immigration and Multicultural and Indigenous Affairs (2004) 146 FCR 10 JAN TERVONEN v FINLAND, PAUL LYON and MINISTER FOR HOME AFFAIRS
NSD 1347 of 2008
NORTH, BUCHANAN AND JAGOT JJ
30 JANUARY 2009
SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 1347 of 2008
ON APPEAL FROM A SINGLE JUDGE OF THE FEDERAL COURT OF AUSTRALIA
BETWEEN: JAN TERVONEN
Appellant
AND: FINLAND
First Respondent
PAUL LYON
Second Respondent
MINISTER FOR HOME AFFAIRS
Third Respondent
JUDGES: NORTH, BUCHANAN AND JAGOT JJ
DATE OF ORDER: 30 JANUARY 2009
WHERE MADE: SYDNEY
THE COURT ORDERS THAT:
1. The appeal is dismissed. 2. The appellant is to pay the third respondent's costs of the appeal.
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