Rivas v Republic of Chile [2021] FCAFC 214

Federal Court of Australia

Rivas v Republic of Chile [2021] FCAFC 214 File number(s): NSD 676 of 2021

Judgment of: MORTIMER, BROMWICH AND ANDERSON JJ

Date of judgment: 24 November 2021

Catchwords: EXTRADITION – appeal against decision of the Federal Court of Australia dismissing application under s 21 of the Extradition Act 1988 (Cth) (Act) challenging the orders of a magistrate that the appellant was eligible for surrender to the Republic of Chile under s 19(9) of the Act – whether the primary judge mischaracterised the extradition offences contained in the extradition request – whether the primary judge failed to recognise the violation of a "principle of legality" under s 19(2) of Act – whether the primary judge erred in concluding that a dual criminality requirement under s 19(2)(c) of the Act could not have been made out – whether the primary judge erred in concluding that the prosecution was not a result of political pressure under s 7(b) and 7(c) of the Act –where the appellant challenges that dual criminality is satisfied – whether the primary judge erred in failing to find that the effect of the Amnesty Law is such that the appellant has been 'pardoned' within the meaning of s 7(e) of the Act – where the appellant has not established any of the grounds of appeal – appeal dismissed

Legislation: Extradition Act 1988 (Cth)

Cases cited: Liem v Republic of Indonesia [2018] FCAFC 135; (2018) 265 FCR 251 Matson v United States of America [2016] FCA 1548 Republic of Croatia v Snedden [2010] HCA 14; (2010) 241 CLR 461 Rivas v Republic of Chile [2021] FCA 693 Vasiljkovic v Commonwealth of Australia (2006) 227 CLR 614