Tervonen v Finland [2007] FCA 2067

FEDERAL COURT OF AUSTRALIA

Tervonen v Finland [2007] FCA 2067

EXTRADITION – review of a magistrate's surrender determination – nature of – precondition negatived in other proceedings – whether discretion to withhold relief

Extradition Act 1988 (Cth), ss 15, 16, 17(2), 19, 21, 46

Tervonen v Minister for Justice and Customs (No 3) [2007] FCA 1898 related Tervonen v Minister for Justice and Customs [2007] FCA 1684 related Brock v United States of America (2007) 157 FCR 121 discussed Dutton v O'Shane (2003) 132 FCR 352 cited Finance Facilities Pty Ltd v Federal Commissioner of Taxation (1971) 127 CLR 106 cited Knauder v Moore (2002) 127 FCR 327 discussed Minister for Immigration v Bhardwaj (2002) 209 CLR 597 cited Plaintiff S157/2002 v Commonwealth (2003) 211 CLR 476 cited Republic of South Africa v Dutton (1997) 77 FCR 128 cited Williams v Minister for Justice and Customs of the Commonwealth of Australia (2007) 157 FCR 286 referred to JAN TERVONEN v FINLAND and MAGISTRATE PAUL LYON

NSD 1286 of 2007

GYLES J

20 DECEMBER 2007

SYDNEY IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 1286 of 2007

BETWEEN: JAN TERVONEN

Applicant

AND: FINLAND

First Respondent

MAGISTRATE PAUL LYON

Second Respondent

JUDGE: GYLES J

DATE OF ORDER: 20 DECEMBER 2007

WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

1. The order of the second respondent, Magistrate Paul Lyons, made on 6 June 2007 be quashed. 2. The second respondent, or in his absence any magistrate of New South Wales in respect of whom an arrangement is in force under s 46 of the Extradition Act 1988 (Cth), order the release of the applicant, Jan Tervonen, from custody at the Metropolitan Remand and Reception Centre, Silverwater in New South Wales. 3. The first respondent, Finland, pay the applicant's costs of the proceeding save for the costs of 18 December 2007. 4. These orders be entered forthwith. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.