Rivera v The Commonwealth of Australia [2007] FCA 1465

FEDERAL COURT OF AUSTRALIA

Rivera v The Commonwealth of Australia [2007] FCA 1465 HABEAS CORPUS – application for writ of habeas corpus – whether writ available where applicant does not argue detention unlawful – no arguable case for writ EXTRADITION – application for declaration that detention at correctional facility unlawful under Extradition Act 1988 (Cth) – whether Act imposes obligation to hold persons awaiting extradition in different manner to convicted persons – whether applicant can be moved from remand centre to correctional facility – whether NSW Act applies – definition of 'prison' for purposes of Act – no arguable case incarceration unlawful ORDER 80 – application for referral for pro bono assistance – no arguable basis for matters relied on – applicant presented case competently – order not appropriate Crimes (Administration of Sentences) Act 1999 (NSW), ss 3, 4(1), 23, 225, 226 Extradition Act 1988 (Cth), ss 5, 19, 19(9), 22, 53 Judiciary Act 1903 (Cth), s 39B International Covenant on Civil and Political Rights, Arts 10, 14 Cabal v Secretary, Department of Justice (Victoria) (2000) 177 ALR 306 considered Dietrich v R (1992) 177 CLR 292 cited Re Officer in Charge of Cells, ACT Supreme Court; ex parte Eastman (1994) 123 ALR 478 cited Re Stanbridge's Application (1996) 70 ALJR 640 cited LAWRENCE JOHN RIVERA v THE COMMONWEALTH OF AUSTRALIA AND THE STATE OF NEW SOUTH WALES NSD 1307 OF 2007

BENNETT J

17 SEPTEMBER 2007

SYDNEY IN THE FEDERAL COURT OF AUSTRALIA

SYDNEY DISTRICT REGISTRY NSD 1307 OF 2007

BETWEEN: LAWRENCE JOHN RIVERA

Applicant

AND: THE COMMONWEALTH OF AUSTRALIA

First Respondent

THE STATE OF NEW SOUTH WALES

Second Respondent

JUDGE: BENNETT J

DATE OF ORDER: 17 SEPTEMBER 2007

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: