Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Kalejs v Republic of Latvia [2001] FCA 676
EXTRADITION – person committed to prison pending surrender under surrender warrant – special circumstances justifying release on bail – whether advanced age and medical condition constitutes special circumstances WORDS AND PHRASES – "special circumstances"
Extradition Act 1988 (Cth), ss 15, 16, 19, 21
Bertran v Vanstone (1999) 94 FCR 404 applied Timar v Republic of Hungary [1999] FCA 1559 applied Timar v Republic of Hungary [1999] FCA 691 referred Bertan v Vanstone [1999] FCA 464 followed Cabal v United Mexican States (No 5) [2000] FCA 525 referred Cabal v United Mexican States [2001] FCA 97 referred Holt v Hogan (No 1) (1993) 44 FCR 572 referred KONRADS ALFREDS KALEJS v REPUBLIC OF LATVIA & ANOR V 615 of 2001 KENNY J MELBOURNE 6 JUNE 2001
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY V 615 OF 2001
BETWEEN: KONRADS ALFREDS KALEJS
Applicant
AND: REPUBLIC OF LATVIA
First Respondent
LISA HANNAN, M
Second Respondent
JUDGE: KENNY J
DATE OF ORDER: 29 MAY 2001
WHERE MADE: MELBOURNE
THE COURT ORDERS THAT: Pursuant to s 21(6)(f)(iv) of the Extradition Act 1988 (Cth), the applicant be released on bail until the review has been heard and determined on his own undertaking upon the following further conditions: (1) that he reside that he reside permanently at the Latvian Retirement Village, Fraser Crescent, Wantirna, Victoria; (2) that he notify the Melbourne Office of the Commonwealth Director of Public Prosecutions, in writing, within 24 hours of any proposed change of address; (3) that he surrender all passports and other travel documents held by him (or held on his behalf), whether in his own name or any other name, to the Officer in Charge, Australian Federal Police, 383 LaTrobe Street, Melbourne, Victoria; (4) that he not apply for a passport or any other travel document; and (5) that he not attend at any airport or any other point of international departure. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
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