Snedden v Minister for Justice for the Commonwealth of Australia [2014] FCAFC 156

FEDERAL COURT OF AUSTRALIA

Snedden v Minister for Justice for the Commonwealth of Australia [2014] FCAFC 156 Citation: Snedden v Minister for Justice for the Commonwealth of Australia [2014] FCAFC 156

Appeal from: Snedden v Minister for Justice of the Commonwealth [2013] FCA 1202

Parties: DANIEL SNEDDEN (AKA DRAGAN VASILJKOVIC) v MINISTER FOR JUSTICE FOR THE COMMONWEALTH OF AUSTRALIA and COMMISSIONER OF CORRECTIVE SERVICES NEW SOUTH WALES

File number: VID 1271 of 2013

Judges: MIDDLETON, PAGONE AND WIGNEY JJ

Date of judgment: 12 December 2014

Catchwords: EXTRADITION – Surrender of "eligible person" – Determination by Minister under s 22(2) of the Extradition Act 1988 (Cth) – Whether Minister made determination "as soon as is reasonably practicable, having regard to the circumstances" – Whether power to make determination lost by reason of delay. ADMINISTRATIVE LAW – Procedural fairness – Whether applicant entitled to be informed about submissions made by extraditing country in response to applicant's submissions – Whether applicant entitled to a right of reply – Whether Departmental legal advice required to be disclosed to applicant. ADMINISTRATIVE LAW – Whether Minister obliged to consider Australia's international obligations in exercising power under s 22(2) of the Extradition Act 1988 (Cth) – International law not a relevant mandatory consideration – No jurisdictional error.

Legislation: Acts Interpretation Act 1901 (Cth) Extradition Act 1988 (Cth) Judiciary Act 1903 (Cth) Migration Act 1958 (Cth) Migration Regulations 1994 (Cth)