Zentai v Honourable Brendan O’Connor (No 3) [2010] FCA 691

FEDERAL COURT OF AUSTRALIA

Zentai v Honourable Brendan O'Connor (No 3) [2010] FCA 691 Citation: Zentai v Honourable Brendan O'Connor (No 3) [2010] FCA 691

Parties: CHARLES ZENTAI v THE HONOURABLE BRENDAN O'CONNOR, COMMONWEALTH MINISTER FOR HOME AFFAIRS, COMMONWEALTH ATTORNEY-GENERAL, BARBARA LANE, THE WESTERN AUSTRALIAN OFFICER IN CHARGE, HAKEA PRISON and THE FORMER MINISTER FOR JUSTICE AND CUSTOMS, THE HONOURABLE CHRISTOPHER MARTIN ELLISON

File number: WAD 220 of 2009

Judge: MCKERRACHER J

Date of judgment: 2 July 2010

Catchwords: ADMINISTRATIVE LAW - judicial review – s 39B(1) and s 39B(1A) of the Judiciary Act 1903 (Cth) - review of decisions made pursuant to ss 16, 19 and 22 of the Extradition Act 1988 (Cth) - failure to consider a relevant matter - jurisdictional error - Wednesbury unreasonableness EXTRADITION - whether the applicant was 'accused' for the purposes of the Extradition Act and therefore an 'extraditable person' - where extradition sought for investigation and criminal proceedings not commenced by the requesting country - material before the Minister when he decided to issue a Notice under s 16 of the Extradition Act - where decisions pursuant to s 19 and s 22 of the Act are parasitic on the decision made pursuant to s 16 - where new material became available to the Minister- whether extradition was sought for an 'extraditable offence' - double criminality - where offence was not an offence in the requesting country at the time of the conduct constituting the offence - humanitarian considerations - where requesting country may not be capable of providing a fair trial - where applicant is 89 years old and in poor health - where alternatives were available to the Minister pursuant to the legislative scheme if extradition were refused