Nudd v Minister for Home Affairs [2011] FCAFC 105

FEDERAL COURT OF AUSTRALIA

Nudd v Minister for Home Affairs [2011] FCAFC 105 Citation: Nudd v Minister for Home Affairs [2011] FCAFC 105

Appeal from: Nudd v Minister for Home Affairs [2010] FCA 1037

Parties: KEVIN PHILIP NUDD v MINISTER FOR HOME AFFAIRS THE HONOURABLE BRENDAN O'CONNOR

File number: QUD 413 of 2010

Judges: DOWSETT, BENNETT AND GREENWOOD JJ

Date of judgment: 19 August 2011

Catchwords: ADMINISTRATIVE LAW – application pursuant to s 5 Administrative Decisions (Judicial Review) Act 1977 (Cth) for an order of review of the decision of the Minister for Home Affairs – Minister refused applicant's petition to refer case to the Court of Appeal of the Supreme Court of Queensland under s 672A(a) Criminal Code 1899 (Qld) – whether the Minister failed to consider properly the validity of the applicant's arrest warrant – consideration of validity of the warrant – whether the Minister failed to address or consider alleged fresh evidence – whether the Minister failed to consider properly the process of extradition to which the applicant was subjected – whether the Minister failed to consider properly the compliance of the trial with Constitutional and other requirements – whether a consideration of the cumulative effect of these various grounds of challenge ought to have led the Minister to refer the matter to the Court of Appeal

Legislation: Administrative Decisions (Judicial Review Act) 1977 (Cth) ss 5(1), 5(2) Criminal Code 1995 (Cth) Customs Act 1901 (Cth) s 233B Extradition Act 1988 (Cth) ss 40, 41 Judiciary Act 1903 (Cth) s 68 Criminal Code Act 1899 (Qld) ss 12, 13, 618, 672A Justices Act 1886 (Qld) Justices of the Peace and Commissioners for Declarations Act 1991 (Qld) ss 28, 29, 57 Police Powers and Responsibilities Act 2000 (Qld) ss 370, 371