United Kingdom v Forsyth (No 2) [2003] FCA 1072

FEDERAL COURT OF AUSTRALIA

United Kingdom v Forsyth (No 2) [2003] FCA 1072

EXTRADITION – judicial review – extradition proceedings – magistrate hearing proceedings – application for bail – application refused – renewed application for bail – original warrant for arrest in requesting country administratively withdrawn – withdrawal subject to judicial review in requesting country – interim order as to validity made in requesting country – whether special circumstance – whether requested person 'extraditable person' – irrelevant consideration – error of law – jurisdictional error – certiorari issued quashing magistrate's decision Extradition Act 1988 (Cth) s 15

United Mexican States v Cabal (2001) 183 ALR 645 cited Director of Public Prosecutions v Kainhofer (1995) 185 CLR 528 cited Singh v United States of America [1997] FCA 612 cited UNITED KINGDOM v CHARLES ALISTAIR FORSYTH W203 OF 2003 FRENCH J 7 OCTOBER 2003 PERTH

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY W203 OF 2003

BETWEEN: UNITED KINGDOM

APPLICANT

AND: CHARLES ALISTAIR FORSYTH

FIRST RESPONDENT

HIS WORSHIP MR ROBERT BLACK SM

SECOND RESPONDENT

JUDGE: FRENCH

DATE OF ORDER: 7 OCTOBER 2003

WHERE MADE: PERTH

THE COURT ORDERS THAT: 1. An order in the nature of certiorari that the Second Respondent's decision of 22 September 2003 to release the First Respondent on bail and his decision of 23 September 2003 to continue to release him upon bail be quashed. 2. An order in the nature of mandamus directed to the Second Respondent to consider and determine the First Respondent's application for bail according to law. 3. The First Respondent is to pay the Applicant's costs of the application. 4. There is liberty to the parties to apply by written submission within forty eight hours for any further necessary directions relating to the implementation of these orders. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.