Lobban v Minister for Justice [2016] FCAFC 109

FEDERAL COURT OF AUSTRALIA

Lobban v Minister for Justice [2016] FCAFC 109 Appeal from: Lobban v Minister for Justice [2015] FCA 1361

File number(s): WAD 753 of 2015

Judge(s): SIOPIS, BARKER AND CHARLESWORTH JJ

Date of judgment: 22 August 2016

Catchwords: EXTRADITION – surrender determination made for extradition – surrender determination made under s 22(2) of the Extradition Act 1988 (Cth) – construction of Articles V and XIII of Treaty on Extradition between Australia and the United States of America of 14 May 1974, as amended by the Protocol done at Seoul on 4 September 1990 – whether Australian nationality of surrendered person requires positive satisfaction by the decision-maker that it is proper to surrender that person – imposition of a time limit for the requesting State to respond to request for further information – the request for further information made whilst the Minister was considering whether to make a surrender determination under s 22(2) of the Extradition Act – whether late response from requesting State to request for further information requires the eligible person to be discharged from custody – whether jurisdictional error by the Minister in making surrender determination after late response from the requesting State to the request for further information.

Legislation: Acts Interpretation Act 1901 (Cth), s 19 Extradition (Foreign States) Act 1966 (Cth), ss 15, 16, 17 Extradition (United States of America) Regulations 1988 (Cth), reg 4 Extradition Act 1988 (Cth), ss 3, 5, 6, 11, 12, 15, 16, 16(1), 17, 17(2), 19, 19A, 22, 22(2), 22(3)(e), 22(3)(f) 23, 26 Extradition Amendment Act 1990 (Cth), s 4 Judiciary Act 1903 (Cth), s 39B Migration Act 1958 (Cth), ss 13, 14, 189 Treaty on Extradition between Australia and the United States of America of 14 May 1974, as amended by the Protocol done at Seoul on 4 September 1990, Arts V, X, XI, XII, XIII