de Bruyn v Ellison [2004] FCA 880

FEDERAL COURT OF AUSTRALIA

de Bruyn v Ellison [2004] FCA 880

EXTRADITION – review of decision to surrender under s 22 of the Extradition Act 1988 (Cth) – whether Minister correctly addressed s 22(3)(b) of the Act – whether violence in prisons may amount to torture – whether Minister correctly addressed additional requirements imposed by regulations – whether addressing incorrect regulations with more favourable exceptions voids decision – whether condition of prisons a relevant consideration in deciding if extradition would be unjust, oppressive or incompatible with humanitarian considerations Judiciary Act 1903 (Cth) s 39B Extradition Act 1988 (Cth) ss 11, 16, 19, 22 Crimes (Torture) Act 1988 (Cth) s 6 Extradition (South Africa) Regulations 2001 regs 4, 6, Sch 1 art 3 par 2 Extradition (Republic of South Africa) Regulations subreg 5(4) Extradition (Commonwealth Countries) Regulations United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment De Bruyn v Republic of South Africa [1999] FCA 1344 referred to Republic of South Africa v De Bruyn [1999] FCA 516 referred to Foster v Minister for Customs and Justice (2000) 200 CLR 442 considered The New Shorter Oxford English Dictionary JACOB JOHANNES DE BRUYN v THE MINISTER FOR JUSTICE AND CUSTOMS, SENATOR CHRIS ELLISON Q 44 OF 2004 DOWSETT J 8 JULY 2004 BRISBANE

IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY Q 44 OF 2004

BETWEEN: JACOB JOHANNES DE BRUYN

APPLICANT

AND: THE MINISTER FOR JUSTICE AND CUSTOMS, SENATOR CHRIS ELLISON

RESPONDENT

JUDGE: DOWSETT J

DATE OF ORDER: 8 JULY 2004

WHERE MADE: BRISBANE

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