Federal Court of Australia
JUDGMENT No. SSS
EXTRADITION - extradition to Israel - Extradition (Foreign States)
Act 1966 - surrender order by Attorney-General —- judicial review -
decision as to liability - whether "decision" under AD(JR) Act - application of Extradition (Foreign States) Act - modified application - onus of proof on 5.13 exemption and unfair discrimination under s.14 - nature of Attorney's discretion to
surrender - application and content of rules of natural justice - right to controvert adverse testimony - test for operation of s.14 - "substantial" or "reasonable" grounds - prejudice by reason of race or nationality - proceedings in foreign language" - "race" - "nationality" <- "substantial" - time in custody pending extradition - relevance - ecting under dictation - bias - breach of treaty - effect on application of Act - extradition as a matter of comity - surrender of nationals - lack of reciprocity - formal and substantive reciprocity ~ relevance of guilt - unacceptable
delay - need for review of procedures.
CONSTITUTIONAL LAW - external affairs power - colourable treaty
doctrine - continuance of inoperative treaty.
LAW REFORM — divided review of divided primary decision making -
need for unification of judicial review.
RUCEIVED 220CT 1987
FEDERAL COURT OF
AUSTRALIA
PRINCIPAI REGISTRY
2.
Administrative Decisions (Judicial Review) Act 1977
Extradition (Foreign States) Act 1966 s.4, s.6, s.16(1)(b), s.16A(3)
Fugitive Offenders Act (1967)
Migration Act 1958 Offences Committed Abroad (Amendment of Enactments) Law 5738-1978 Extradition Act 1870
La Forest - Extradition To and From Canada
Shearer - Extradition in International Law (1971)
Ryan - International Law in Australia (2nd Ed. - ch. 7 Extradition and Asylum - Shearer
Rezek - Reciprocity as a Basis of Extradition (1981) 52 BYIL 171
Weis - Nationality and Statelessness in International Law (London) Elimination of Racial Discrimination (1966) 15 Int. & Comp. L.Q. Vienna Convention on Law of Treaties 1969 Article 60, Year Book of the International Law Commission (1966) II p.255
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