Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Honourable Brendan O'Connor v Adamas [2013] FCAFC 14 Citation: Honourable Brendan O'Connor v Adamas [2013] FCAFC 14
Appeal from: Adamas v The Honourable Brendan O'Connor (No 2) [2012] FCA 227
Parties: THE HONOURABLE BRENDAN O'CONNOR, COMMONWEALTH MINISTER FOR HOME AFFAIRS AND JUSTICE v ADRIAN ADAMAS and IAN JOHNSON, THE COMMISSIONER, DEPARTMENT OF CORRECTIVE SERVICES
File number: WAD 92 of 2012
Judges: LANDER, MCKERRACHER AND BARKER JJ
Date of judgment: 15 February 2013
Catchwords: EXTRADITION - application by Indonesia to extradite first respondent - first respondent convicted of serious fraud charges in absentia in Indonesia with no right of re-trial - no evidence that aware of charges - sentenced to imprisonment for (natural) life - Minister determined under s 22(2) of Extradition Act 1988 (Cth) that appellant be surrendered to Indonesia - warrant issued for surrender under s 23 - application for judicial review of Minister's decision - primary judge ordered determination and surrender warrant be quashed - whether primary judge was correct in finding Minister had relied on departmental submission in making his decision - whether primary judge was correct in finding Minister failed to take into account relevant consideration of whether extradition of first respondent would be unjust by Australian standards having regard to in absentia conviction - whether primary judge was correct in finding that s 22 decision to surrender first respondent was unreasonable in the Wednesbury sense - whether primary judge erred in failing to find Minister failed to take into account relevant consideration of whether surrender of first respondent would constitute violation of Australia's obligations under International Covenant on Civil and Political Rights - whether primary judge erred in failing to find Minister erred in failing to take into account that surrender of the first respondent would breach Australia's obligations under ICCPR in exercising his discretion under s 22 - whether primary judge erred in failing to find Minister's decision was unreasonable having regard to Minister's findings in relation to circumstances provided for in Art 9(2)(b) of extradition treaty - proper construction of Art 9(2)(b) of extradition treaty
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