Traljesic v Bosnia and Herzegovina [2017] FCAFC 70

FEDERAL COURT OF AUSTRALIA

Traljesic v Bosnia and Herzegovina [2017] FCAFC 70 Appeal from: Traljesic v Bosnia and Herzegovina [2016] FCA 383

File number: VID 386 of 2016

Judges: GRIFFITHS, PERRY AND BROMWICH JJ

Date of judgment: 28 April 2017

Catchwords: EXTRADITION – appeal under s 21(3) of the Extradition Act 1988 (Cth) (Extradition Act) – proper construction of s 7(c) of the Extradition Act and its application to the facts – whether primary judge erred in holding that substantial grounds did not exist for believing there was an extradition objection within the terms of s 7(c) of the Extradition Act EVIDENCE – whether primary judge erred in not accepting that ss 59 and 135 of the Evidence Act 1995 (Cth) were relevant to the proceeding Held: appeal dismissed with costs

Legislation: Evidence Act 1995 (Cth) ss 59, 135 Extradition Act 1988 (Cth) ss 7, 15, 19, 21, 22 Migration Act 1958 (Cth) Extradition (Bosnia and Herzegovina) Regulations 2009 (Cth) Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. Opened for signature 10 December 1984. 1465 UNTS 85 art 3 (entered into force 26 June 1987) Convention Relating to the Status of Refugees. Opened for signature 28 July 1951. 189 UNTS 137 art 33(entered into force 22 April 1954) European Convention on Extradition. Opened for signature 13 December 1957. ETS No. 024 art 3 (entered into force 18 April 1960) International Covenant on Civil and Political Rights. Opened for signature 16 December 1966. 999 UNTS 171 art 7 (entered into force 23 March 1976)