Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Snedden v Republic of Croatia [2007] FCA 1902
EXTRADITION – Application for bail pending review of magistrate's decision under s 19 of the Extradition Act 1988 (Cth) – existence of special circumstances – flight risk – prospects of success in review of the magistrate's decision pursuant to s 21 of the Extradition Act 1988 (Cth) – presumption against the grant of bail – grant of bail in Court's discretion. Held: Application for bail dismissed. Extradition Act 1988 (Cth)s 21(6)(f)(iv) Extradition (Croatia) Regulations 2004 (Cth) Cabal v United Mexican States (2000) 171 ALR 305 followed Dragan Vasiljkovic v Minister for Justice and Customs [2006] FCA 1346 referred to Harris v Attorney-General of the Commonwealth (1994) 52 FCR 386 considered United Mexican States v Cabal (2001) 209 CLR 165 followed Vasiljkovic v The Commonwealth of Australia (2006) 227 CLR 614 followed DANIEL SNEDDEN v REPUBLIC OF CROATIA NSD705 OF 2007
COWDROY J
12 DECEMBER 2007
SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD705 OF 2007
BETWEEN: DANIEL SNEDDEN
Applicant
AND: REPUBLIC OF CROATIA
Respondent
JUDGE: COWDROY J DATE OF ORDER: 12 DECEMBER 2007
WHERE MADE: SYDNEY
THE COURT ORDERS THAT:
1. The application for bail be dismissed. 2. The Applicant remain in custody pending the review of the magistrate's decision. 3. Costs be reserved. 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 NSD705 OF 2007
BETWEEN: DANIEL SNEDDEN
Applicant
AND: REPUBLIC OF CROATIA
Respondent
JUDGE: COWDROY J
DATE: 12 DECEMBER 2007
PLACE: SYDNEY
REASONS FOR JUDGMENT 1 Pending the hearing of proceedings to review the decision of a magistrate made pursuant to s 19 of the Extradition Act 1988 (Cth) ('the Act'), the applicant ('Mr Snedden') applies for an order pursuant to s 21(6)(f)(iv) of theAct to be released on bail from Parklea Correction Centre where he is in custody awaiting extradition to the Republic of Croatia.
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