Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Chan v Minister for Justice & Customs [2001] FCA 718
EXTRADITION – extradition to Hong Kong – judicial review of decision made under s 22(2) of the Extradition Act 1988 (Cth) – failure to take into account relevant considerations – whether the decision-maker was bound to take into account certain matters – whether there was evidence that the decision-maker failed to take certain matters into account – where the decision-maker did not provide any reasons for her decision
Extradition Act 1988 (Cth) subss 22(2) and 22(3) Extradition (Hong Kong) Regulations (Cth) cl 5 and Schedule Minister for Aboriginal Affairs v Peko-Wallsend Ltd (1986) 162 CLR 24 at 39-40 followed Sean Investments Pty Ltd v MacKellar (1981) 38 ALR 363 at 375 followed Foster v Minister for Customs and Justice (2000) 200 CLR 442 considered R v Secretary of State for the Home Department; Ex parte Sinclair [1992] Imm AR 293 at 301 followed R v Secretary of State for Trade and Industry; ex parte Lonrho plc [1989] 1 WLR 525 at 540 followed
ALLAN CHAN v MINISTER FOR JUSTICE AND CUSTOMS N 90 of 2001 STONE J 14 JUNE 2001 SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N 90 OF 2001
BETWEEN: ALLAN CHAN
APPLICANT
AND: MINISTER FOR JUSTICE AND CUSTOMS
RESPONDENT
JUDGE: STONE J
DATE OF ORDER: 14 JUNE 2001
WHERE MADE: SYDNEY
THE COURT ORDERS THAT: 1. the application be dismissed; 2. the applicant pay the respondent's costs. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N 90 OF 2001
BETWEEN: ALLAN CHAN
APPLICANT
AND: MINISTER FOR JUSTICE AND CUSTOMS
RESPONDENT
JUDGE: STONE J
DATE: 14 JUNE 2001
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