Brock v Minister for Justice and Customs [2007] FCA 2091

FEDERAL COURT OF AUSTRALIA

Brock v Minister for Justice and Customs [2007] FCA 2091

Extradition Act 1988 (Cth) – issue of notice under s 16 by Attorney-General – magistrate's decision under s 19(9) – independent administrative functions – nature of section 21 review by Federal Court – nature of 'review' – subsequent challenge to s 16 notice – estoppel/abuse of process

GEORGE PAUL BROCK v MINISTER FOR JUSTICE AND CUSTOMS NSD 2004 OF 2007

FLICK J

24 DECEMBER 2007

SYDNEY IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 2004 OF 2007

BETWEEN: GEORGE PAUL BROCK

Applicant

AND: MINISTER FOR JUSTICE AND CUSTOMS

Respondent

JUDGE: FLICK J DATE OF ORDER: 24 DECEMBER 2007

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The name of the Respondent be amended to read "Minister for Home Affairs". 2. The Application be dismissed. 3. The Applicant to pay the costs of the Respondent. 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 2004 OF 2007

BETWEEN: GEORGE PAUL BROCK

Applicant

AND: MINISTER FOR JUSTICE AND CUSTOMS

Respondent

JUDGE: FLICK J

DATE: 24 DECEMBER 2007

PLACE: SYDNEY

REASONS FOR JUDGMENT

FACTUAL BACKGROUND 1 The Applicant in the proceedings, George Paul Brock, is a citizen of the United States of America. 2 Mr Brock was previously extradited from The Netherlands to Australia to face prosecution for an offence relating to conspiracy to import cannabis into Australia. On that charge he was found guilty and sentenced to 12 years' imprisonment. He was released on parole on 17 March 2005. 3 On the same day, namely 17 March 2005, he was arrested by the Australian Federal Police pursuant to a provisional arrest warrant under s 12 of the Extradition Act 1988 (Cth). 4 On 9 May 2005 the United States presented a formal request to Australia for the extradition of the Applicant. The then Minister for Justice and Customs issued a "notice of receipt of extradition request", pursuant to s 16 of the Act, on 12 May 2005. 5 A magistrate ordered the Applicant be committed to prison pursuant to s 19(9) of the Act on 24 November 2005. 6 In addition to the present proceedings, there have been other proceedings instituted by Mr Brock in respect of both the issue of the notice under s 16 and the decision taken under s 19(9) of the 1988 Act. Those other proceedings have been resolved against Mr Brock.