O'Connor v Zentai [2011] FCAFC 102

FEDERAL COURT OF AUSTRALIA

O'Connor v Zentai [2011] FCAFC 102 Citation: O'Connor v Zentai [2011] FCAFC 102

Appeal from: Zentai v Honourable Brendan O'Connor (No 4) [2010] FCA 1385

Parties: THE HONOURABLE BRENDAN O'CONNOR COMMONWEALTH MINISTER FOR HOME AFFAIRS, COMMONWEALTH ATTORNEY-GENERAL and THE FORMER MINISTER FOR JUSTICE AND CUSTOMS, THE HONOURABLE CHRISTOPHER MARTIN ELLISON v CHARLES ZENTAI, BARBARA LANE and THE WESTERN AUSTRALIAN OFFICER IN CHARGE, HAKEA PRISON

File number: WAD 1 of 2011

Judges: NORTH, BESANKO AND JESSUP JJ

Date of judgment: 16 August 2011

Corrigenda: 1 November 2011 24 February 2012

Catchwords: EXTRADITION – Legislation providing for staged process of determinations by different functionaries – Ultimate decision by Minister whether person to be surrendered for extradition – Whether Minister obliged to re-consider a circumstance previously determined – Whether person was "accused" of an offence in Requesting State or merely wanted for questioning or investigation – Relevance to power to order surrender. EXTRADITION – Construction of international treaty – Treaty requirement that offence in relation to which extradition sought be an offence in Requesting State at time of relevant acts and omissions – Whether requirement satisfied if those acts or omissions constituted an offence, whether or not that in relation to which extradition sought. EXTRADITION – Legislation providing separate categorical and discretionary bases for refusing surrender of person for prosecution in other State – General discretion also reposed in decision-maker – Whether separate bases to be considered individually or in combination – Effect of general discretion. ADMINISTRATIVE LAW – Legislation specifying circumstances in which Minister must, or may, refuse request for extradition, and providing also for general discretion – No obligation to give reasons – Minister in receipt of lengthy advice – Whether advice represented Minister's reasons – Whether Minister failed to take account of considerations of which he was bound to take account – Whether trial Judge determined matters which were for the Minister – Whether Minister's decision so unreasonable that no reasonable Minister would have made it. ADMINISTRATIVE LAW – No express statutory requirement to give reasons – Whether obligation to give reasons to be implied.