Matson v United States of America [2018] FCAFC 57

FEDERAL COURT OF AUSTRALIA

Matson v United States of America [2018] FCAFC 57 Appeal from: Matson v United States of America [2016] FCA 1245

File numbers: QUD 569 of 2016 QUD 844 of 2016 QUD 51 of 2017

Judges: DOWSETT, WIGNEY AND BROMWICH JJ

Date of judgment: 13 April 2018

Catchwords: EXTRADITION – request by United States of America for extradition of appellant from Australia – appeal from dismissal of application for review of magistrate's order that appellant be committed to prison under s 19(9) Extradition Act 1988 (Cth) to await surrender or release – whether primary judge erred in finding that extradition request met requirements of s 19(2)(b) Extradition Act 1988 (Cth) and Article XI(3)(c) Treaty on Extradition between Australia and United States – adequacy of supporting documents – whether Article XI(3)(c) required affidavit setting forth reasonable grounds for believing that the person for whom the extradition was sought had committed an offence under United States law – appeal dismissed – application pursuant to s 39B Judiciary Act 1903 (Cth) – application for review of decision of Minister for Justice to issue notice pursuant to s 16 Extradition Act 1988 (Cth) – whether Minister failed to consider delay of prosecution authorities in bringing extradition request – whether delay amounted to abuse of process or fraud on extradition power – whether Minister can consider delay at s 16 stage of extradition process – whether Minister had duty to inquire into delay – application dismissed PRACTICE AND PROCEDURE – rejection of tender of irrelevant documents – where evidence concerned matters not before Minister