Cabal v Vanstone [2000] FCA 1306

FEDERAL COURT OF AUSTRALIA

Cabal v Vanstone

[2000] FCA 1306

JUDICIAL REVIEW – extradition proceedings – review of decision to issue notice – arrest warrants issued in Mexico – foreign warrants subject to amparo stay – where stay prevents immediate execution of warrant – criminal prosecution not otherwise impeded – purpose of extradition – where appellant seeks declaration that he is not an "extraditable person" within the meaning of the Extradition Act – where the court does not have jurisdiction to make declaration sought.

Judiciary Act 1903 (Cth) s39B(1) and (1A)

Extradition Act 1988 (Cth) ss 6, 16, 22

Extradition (United Mexican States) Regulations 1991 (Cth)

Director of Public Prosecutions (Cth) v Kainhofer (1995) 185 CLR 528 cited

Foster v Minister for Customs and Justice (1999) 164 ALR 357 followed

Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR referred to

Transport Workers Union v Lee (1998) 84 FCR 60 cited

Bass v Permanent Trustee Co Ltd (1999) 161 ALR 399 cited

Karst, Latin American Legal Institutions: Problems for Comparative Study (1966)

CARLOS CABAL (PENICHE) and MARCO PASINI (BERTRAN) v THE HONOURABLE AMANDA VANSTONE in her capacity as Minister of Justice for the Commonwealth, DAVID McDONNELL, BARRY BRAUN M and LISA HANNAN M

V 218 of 2000

DRUMMOND, NORTH and GYLES JJ

MELBOURNE

15 SEPTEMBER 2000

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V 218 OF 2000

BETWEEN: CARLOS CABAL (PENICHE)

FIRST APPELLANT

MARCO PASINI (BERTRAN)

SECOND APPELLANT

AND: THE HONOURABLE AMANDA VANSTONE

in her capacity as Minister for Justice for the Commonwealth

FIRST RESPONDENT