Cabal v United Mexican States (No 3) [2000] FCA 1204

FEDERAL COURT OF AUSTRALIA

Cabal v United Mexican States (No 3) [2000] FCA 1204

EXTRADITION – review of determination of eligibility for surrender by magistrate – nature of review process – nature of function conferred on magistrate and court – constitutional validity – Extradition Act 1988 – approach to construction – construction by reference to rules of construction for international treaties – ordinary meaning of words and purpose of statute – request for extradition – supporting documents – no inquiry into foreign law – criteria for characterisation of documents issued by requesting country as "warrants" – ordinary meaning – due authentication – whether required for translations accompanying supporting documents under treaty provisions – sealing - whether one seal covers multiple documents – signing and certification – apostilles under Hague Convention – translation – where required – whether partial translation of warrants sufficient – translation of statements of offences, penalties and conduct – reliability – legibility of supporting documents – what constitutes a "copy" – partial illegibility – statement of conduct – sufficiency – more than one offence in a statement – whether specific allegation of conduct to offence required – double criminality – Extradition Objections – purpose of prosecution or punishment for political opinions – purpose – political opinions – assessment on premise that offences committed – substantial grounds – what is necessary to establish – prejudice – on account of political opinions – exclusion of material by magistrate – judicial review of magistrate's decision – whether subsumed in s 21 review.

CONSTITUTIONAL LAW – separation of powers – review by Court of magistrate's administrative decision – whether exercise of judicial power – nature of review.