Timar v Minister for Justice & Customs [2001] FCA 663

FEDERAL COURT OF AUSTRALIA

Timar v Minister for Justice & Customs [2001] FCA 663

EXTRADITION – Decision of Minister for Justice and Customs regarding extradition to Hungary and warrant for surrender – Operation of the Extradition (Republic of Hungary) Regulations 1997 – Whether Minister failed to comply with article 3.2(f) of the Treaty on Extradition between Australia and the Republic of Hungary - Whether article 3.2(f) requires exceptional circumstances - Whether the Minister failed to take into account relevant matters – Whether the Minister's decision was unreasonable WORDS & PHRASES – "exceptional circumstances" Judiciary Act 1903 (Cth) s39B

Extradition Act 1988 (Cth) ss 11(1)(b); 22(2); 23

Extradition (Republic of Hungary) Regulations 1997

Timar v Minister for Justice and Customs [2001] FCA 295 referred to

Foster v Minister for Customs and Justice [2000] HCA 38, (2000) 200 CLR 442 applied

Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259 applied

Minister for Aboriginal Affairs v Peko-Wallsend Ltd (1986) 162 CLR 24 referred to

Minister for Immigration and Multicultural Affairs v Eshetu (1999) 197 CLR 611 at 627 - 628 applied

LASZLO PEREGRIN TIMAR v MINISTER FOR JUSTICE AND CUSTOMS

V96 OF 2001

MARSHALL J MELBOURNE 5 JUNE 2001

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V96 OF 2001

BETWEEN: LASZLO PEREGRIN TIMAR

APPLICANT

AND: MINISTER FOR JUSTICE AND CUSTOMS

RESPONDENT

JUDGE: MARSHALL J

DATE OF ORDER: 5 JUNE 2001

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT: 1. The application be dismissed. 2. The applicant pay the respondent's costs of application, including any reserved costs, to be taxed in default of agreement. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.