Haddad v Lyon [2003] FCA 1623

FEDERAL COURT OF AUSTRALIA

Haddad v Lyon [2003] FCA 1623 KAMAL DIB HADDAD v PAUL LYON AND UNITED STATES OF AMERICA N1972 OF 2003 EMMETT J 22 DECEMBER 2003 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N1972 OF 2003

BETWEEN: KAMAL DIB HADDAD

APPLICANT

AND: PAUL LYON

FIRST RESPONDENT

UNITED STATES OF AMERICA

SECOND RESPONDENT

JUDGE: EMMETT J

DATE OF ORDER: 22 DECEMBER 2003

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. the notice of motion filed 16 December 2003 be dismissed; 2. the applicant file and serve, no later than 27 January 2004, a written outline of the contentions upon which he intends to rely; 3. the respondent file and serve submissions in reply, no later than 2 February 2004; 4. the proceeding be listed for hearing on 5 February 2004 at 10.15 am; 5. the Superintendent of Parklea Detention Centre shall have Kamal Dib Haddad, a prisoner, before this Court to be present during the hearing of the proceeding concerning him and duly returned to confinement; 6. the first day on which it is required to have this prisoner before the Court is at 10.15 am on 5 February 2004 at Court 20E, Federal Court of Australia, Queens Square, Sydney. 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 N1972 OF 2003

BETWEEN: KAMAL DIB HADDAD

APPLICANT AND: PAUL LYON

FIRST RESPONDENT

UNITED STATES OF AMERICA

SECOND RESPONDENT

JUDGE: EMMETT J

DATE: 22 DECEMBER 2003

PLACE: SYDNEY

REASONS FOR JUDGMENT 1 I have before me an application for bail under s 21(6)(f) of the Extradition Act 1988 (Cth) ('the Act'). In order to put the application in context, it is necessary to say something about the scheme of the Act. 2 Part II of the Act deals with extradition from Australia to extradition countries. The United States of America ('United States') is an extradition country for the purpose of the Act and the United States has made an application for the extradition of the applicant, Mr Kamal Dib Haddad. 3 Section 12 of the Act, which begins Pt II, provides that, where an application is made on behalf of an extradition country to a magistrate for the issue of a warrant for the arrest of a person and the magistrate is satisfied that the person is an extraditable person in relation to the extradition country, the magistrate must issue a warrant for the arrest of the person. Section 15 of the Act provides that a person who is arrested under such a provisional warrant must be brought as soon as practicable before a magistrate. Under s 15(2), the person is to be remanded by the magistrate in custody or on bail for such period or periods as may be necessary for proceedings under s 18 or s 19, or both, to be conducted. However, under s 15(6), a magistrate must not remand a person on bail under that section unless there are 'special circumstances' justifying such remand.