The Republic of Finland v Tervonen [2007] FCA 2107

FEDERAL COURT OF AUSTRALIA

The Republic of Finland v Tervonen [2007] FCA 2107 EXTRADITION – application for bail after arrest of person whose extradition is sought – where judge had ordered magistrate to order release of person under s 21(2) of the Extradition Act 1988 (Cth) – where extradition country has appeals pending – Court's discretion under s 21(6)(f) of the Extradition Act – 'special circumstances' – 'real risk of flight'

Extradition Act 1988 (Cth) s 21(6)(f)

United Mexican States v Cabal (2001) 209 CLR 165 applied and discussed THE REPUBLIC OF FINLAND v JAN TERVONEN AND ANOR NSD 2525 OF 2007

RARES J

24 DECEMBER 2007

SYDNEY IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 2525 OF 2007

ON APPEAL FROM A SINGLE JUDGE OF THE FEDERAL COURT OF AUSTRALIA BETWEEN: THE REPUBLIC OF FINLAND

Appellant

AND: JAN TERVONEN

First Respondent

MAGISTRATE PAUL LYON

Second Respondent

JUDGE: RARES J DATE OF ORDER: 24 DECEMBER 2007

WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

1. Up to and including 15 February 2008, and subject to further order, the first respondent, Jan Tervonen, be kept in custody at the Metropolitan Reception and Remand Centre at Silverwater in the State of New South Wales by the governor and other officers of that prison and in the custody of such officers of the State of New South Wales or the Commonwealth as are necessary to transport him to and from the Court or for any other lawful purpose associated with his continuing in custody at Silverwater pursuant to this order. 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 2525 OF 2007

ON APPEAL FROM A SINGLE JUDGE OF THE FEDERAL COURT OF AUSTRALIA BETWEEN: THE REPUBLIC OF FINLAND