Adamas v The Honourable Brendan O'Connor (No 2) [2012] FCA 227

FEDERAL COURT OF AUSTRALIA

Adamas v The Honourable Brendan O'Connor (No 2) [2012] FCA 227 Citation: Adamas v The Honourable Brendan O'Connor (No 2) [2012] FCA 227

Parties: ADRIAN ADAMAS v THE HONOURABLE BRENDAN O'CONNOR, COMMONWEALTH MINISTER FOR HOME AFFAIRS AND JUSTICE and IAN JOHNSON, THE COMMISSIONER, DEPARTMENT OF CORRECTIVE SERVICES

File number: WAD 407 of 2010

Judge: GILMOUR J

Date of judgment: 15 March 2012

Catchwords: EXTRADITION - application by Indonesia to extradite an Australian male citizen - tried in absentia with no right of a re-trial by Australian standards - Magistrate determined that the applicant was eligible for surrender and issued a warrant under s 19(9) of the Extradition Act 1988 (Cth) - Minister determined under s 22(2) of the Extradition Act 1988 (Cth) that the applicant should be surrendered to Indonesia - whether the Minister was to have regard to the ICCPR - whether this constituted failure to take into account a relevant consideration - whether the applicant's trial was unjust or oppressive or incompatible with humanitarian considerations - whether the Minister applied the appropriate test - whether this resulted in the Minister taking into account an irrelevant consideration - whether this resulted in the Minister failing to take into account a relevant consideration - whether the Minister's conclusion was unreasonable in the Wednesbury sense - whether there was an extradition objection under s 7 of the Extradition Act 1988 (Cth)

Legislation: Extradition Act 1988 (Cth) ss 22, 23 Human Rights Act 2004 (ACT) s 22(d) Charter of Human Rights and Responsibilities Act 2006 (Vic) s 25(d) Indonesian Criminal Procedure Code Art 263 Extradition (Republic of Indonesia) Regulations 1994 International Covenant on Civil and Political Rights, Art 14