Foster v Senator Amanda Vanstone [1999] FCA 1447

FEDERAL COURT OF AUSTRALIA

Foster v Senator Amanda Vanstone [1999] FCA 1447

EXTRADITION - validity of surrender warrant - where charges involve allegations of forgery and fraud - limitations on Minister's discretion to accede to extradition requests from Commonwealth countries - no surrender where it would entail injustice, oppression or a penalty regarded as too severe - Minister's consideration of exemption criteria -circumstances where surrender for trivial offences may be oppressive - attention not required to be directed at particulars of allegations - whether Minister nevertheless misled as to extent of monies involved, and fact that charges concerned attempts to obtain, not the receipt of monies - severity of punishment - test to be applied - whether focus is upon the act of surrender, its consequences in terms of the type of punishment or degree of likely penalty, or the particular circumstances of the person charged - relevance of incarceration awaiting extradition - reasonableness of decision. WORDS AND PHRASES - "unjust or oppressive or too severe a punishment" Extradition Act 1988 (Cth) ss 22, 7,11,23,12,16,19,21,52,34 Judiciary Act 1903 (Cth) s 39B Fugitive Offenders Act RSC 1985 Fugitive Offenders Act 1881 (UK) Service and Execution of Process Act 1901 (Cth) Fugitive Offenders Act 1967 (UK) s 8 Foster v Attorney-General (1998) 158 ALR 394 Cited Minister for Immigration & Multicultural Affairs v Eshetu [1999] HCA 21 Cited Kenneally v New Zealand [1999] FCA 1320 Refd to Bannister v New Zealand [1999] FCA 362 Refd to Union of India v Narang [1978] AC 247 Refd to Attorney-General of the Commonwealth v Foster (1999) 84 FCR 582 Cited, Discussed Waterford v Commonwealth (1987) 163 CLR 54 Cited Narain v DPP (1987) 15 FCR 411 Refd to Edmonds v Andrews (1987) 85 FLR 419 Refd to Re Maher [1983] 2 Qd R 695 Refd to Minister for Aboriginal Affairs v Peko-Wallsend Ltd (1986) 162 CLR 24 Refd to, Cited, Approved R v Chief Registrar of Friendly Societies; ex parte New Cross Building Society [1984] QB 227 Refd to McPhee v Minister for Immigration, Local Government and Ethnic Affairs (1988) 16 ALD 77 Refd Barrett v Minister for Immigration, Local Government and Ethnic Affairs (1989) 18 ALD 129 Refd to, Discussed Videto v Minister for Immigration and Ethnic Affairs (1985) 8 FCR 167 Refd to, Discussed Kakis v Government of Cyprus [1978] 1 WLR 779 Cited Perry v Lean & Fry (1985) 39 SASR 515 Cited Binge v Bennett (1988) 13 NSWLR 578 Cited, Refd to R v Secretary of State for the Home Department; Ex parte Launder [1997] 1 WLR 839 Cited Hicks v Martin (1990) 27 FCR 416 Refd to, Discussed Forrest v Kelly (1992) 34 FCR 74 Cited Re Henderson; Henderson v Secretary of State for Home Affairs [1950] 1 All ER 283 Cited, Discussed Zacharia v Republic of Cyprus [1963] AC 634 In Re Gorman [1963] NZLR 17 PETER CLARENCE FOSTER v THE MINISTER FOR CUSTOMS AND JUSTICE SENATOR AMANDA VANSTONE Q 193 of 1999 CARR, MOORE, KIEFEL JJ 22 OCTOBER 1999 BRISBANE