Nudd v Minister for Home Affairs [2010] FCA 1037

FEDERAL COURT OF AUSTRALIA

Nudd v Minister for Home Affairs [2010] FCA 1037

Citation: Nudd v Minister for Home Affairs [2010] FCA 1037

Parties: KEVIN PHILIP NUDD v MINISTER FOR HOME AFFAIRS

File number: QUD 145 of 2010

Judge: COLLIER J

Date of judgment: 23 September 2010

Catchwords: ADMINISTRATIVE LAW – application pursuant to s 5 Administrative Decisions (Judicial Review) Act 1977 (Cth) for an order of review of the decision of the Minister for Home Affairs – applicant currently serving prison sentence for conviction of being knowingly concerned in the importation into Australia of more than a commercial quantity of cocaine contrary to s 233B(1) Customs Act 1901 (Cth) – Minister refused applicant's petition to refer case to the Court of Appeal of Queensland under s 672A(a) Criminal Code 1899 (Qld) – consideration of principles in Martens v Commonwealth (2009) 108 ALD 83 relating to the exercise of the referral power – whether Minister failed to consider properly the validity of the applicant's arrest warrant – whether the Minister failed to address or consider alleged fresh evidence – whether the Minister failed to consider properly the process of extradition to which the applicant was subjected – whether the Minister failed to consider properly the compliance of the trial with Constitutional and other requirements – whether the Minister failed to review the court transcript of the applicant's trial

Held: application for an order of review of the decision of the Minister for Home Affairs dismissed with costs

Legislation: Constitution Ch III, s 80 Administrative Decisions (Judicial Review) Act 1977 (Cth) s 5 Crimes Act 1914 (Cth) s 3ZA Customs Act 1901 (Cth) s 233B(1) Extradition Act 1988 (Cth) Judiciary Act 1903 (Cth) s 68(1) Criminal Code 1899 (Qld) s 672A Jury Act 1995 (Qld) Justices Act 1886 (Qld) s 57