Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Rivera v Minister for Justice and Customs [2006] FCA 1784
EXTRADITION – application for judicial review of Minister's determination under s 22(2) of the Extradition Act 1988 (Cth) that applicant be surrendered to United States – whether death penalty undertaking complied with s 22(3)(c) of the Act – whether applicant entitled to be provided with and to comment on Departmental submissions provided to Minister
Extradition Act 1988 (Cth) ss 22(2), 22(3) de Bruyn v Minister for Justice and Customs (2004) 143 FCR 162 referred to Chan v Minister for Justice and Customs [2001] FCA 718 referred to McCrea v Minister for Justice and Customs (2005) 145 FCR 269 applied Re Minister for Immigration and Multicultural and Indigenous Affairs; Ex parte Palme (2003) 216 CLR 212 applied LAWRENCE RIVERA v MINISTER FOR JUSTICE AND CUSTOMS NSD 1706 OF 2006
MOORE J
21 DECEMBER 2006
SYDNEY IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 1706 OF 2006
BETWEEN: LAWRENCE RIVERA
Applicant
AND: MINISTER FOR JUSTICE AND CUSTOMS
Respondent
JUDGE: MOORE J
DATE OF ORDER: 21 DECEMBER 2006
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 NSD 1706 OF 2006
BETWEEN: LAWRENCE RIVERA
Applicant
AND: MINISTER FOR JUSTICE AND CUSTOMS
Respondent
JUDGE: MOORE J
DATE: 21 DECEMBER 2006
PLACE: SYDNEY
REASONS FOR JUDGMENT 1 This is an application under s 39B of the Judiciary Act 1903 (Cth) in relation to a determination of the Minister for Justice and Customs under s 22(2) of the Extradition Act 1988 (Cth) that the applicant be surrendered to the United States of America in relation to the extraditable offence of murder under the California Penal Code ('the Code'). The Minister issued a surrender warrant under s 23 of the Act on 31 August 2006.
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