Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Rivera v Minister for Justice and Customs [2006] FCA 842 PRACTICE AND PROCEDURE – summary dismissal of claims for habeas corpus and/or bail by a person awaiting a determination by the Minister under s 22 of the Extradition Act – obligation on Minister to reach a decision as soon as is reasonably practicable – whether delay unreasonable. Held: claim of unreasonably delay was manifestly groundless. Summary Dismissal ordered in respect of claims against the Minister. Extradition Act 1998 (Cth) ss 12, 15, 19, 22 Federal Court Rules Order 20 rule 2 General Steel Industries Inc v The Commissioner for Railways (NSW) (1964) 112 CLR 125 Director of Public Prosecutions of the Commonwealth v Kainhofer [1995] 185 CLR 528 Puharka v Webb [1983] 2 NSWLR 31 Cabal v Secretary, Department of Justice (Vic) (2000) 177 ALR 306 Timar v Minister for Justice and Customs [2001] FCA 295 Re Officer in Charge of Cells, ACT Supreme Court, Ex parte Eastman (1994) 123 ALR 478 LAWRENCE RIVERA v MINISTER FOR JUSTICE AND CUSTOMS & ANOR NSD 100 OF 2006 GRAHAM J 27 JUNE 2006 SYDNEY IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 100 OF 2006
BETWEEN: LAWRENCE RIVERA
Applicant
AND: THE MINISTER FOR JUSTICE AND CUSTOMS
First Respondent
STATE OF NEW SOUTH WALES
Second Respondent
JUDGE: GRAHAM J
DATE OF ORDER: 27 JUNE 2006
WHERE MADE: SYDNEY
THE COURT ORDERS THAT: 1. All claims for relief against the first respondent be dismissed. 2. The first respondent be removed as a party to the proceedings. 3. The applicant pay the first respondent's costs of the notice of motion filed 9 March 2006. 4. The superintendent of the Metropolitan Remand and Reception Centre at Silverwater cause Lawrence John Rivera to be brought before this Court on 7 July 2006 at 9.30 am at Federal Court of Australia, Law Courts Building, Queens Square, Sydney to be present during the hearing concerning him and thereafter shall cause him to be duly returned to confinement. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. IN THE FEDERAL COURT OF AUSTRALIA
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