Santhirarajah v Attorney-General for the Commonwealth of Australia [2012] FCA 940

FEDERAL COURT OF AUSTRALIA

Santhirarajah v Attorney-General for the Commonwealth of Australia [2012] FCA 940 Citation: Santhirarajah v Attorney-General for the Commonwealth of Australia [2012] FCA 940

Parties: THULASITHARAN SANTHIRARAJAH v ATTORNEY-GENERAL FOR THE COMMONWEALTH

File number: VID 216 of 2012

Judge: NORTH J

Date of judgment: 31 August 2012

Date of hearing: 14, 15 and 16 May 2012

Catchwords: EXTRADITION – Respondent determined to surrender applicant to United States under s 22(2) of Extradition Act – whether s 22(2) prescribes a time by which the power to make a determination must be exercised – whether determination made when power had ceased to exist EXTRADITION – Whether respondent erred in forming satisfaction under s 22(3)(a) – Where applicant raised extradition objection – whether offences were political offences – consideration of development of political offence exception – consideration of contemporary meaning of political offence EXTRADITION – Whether respondent erred in forming satisfaction under s 22(3)(b) that applicant would not be subjected to torture on surrender – where respondent misunderstood obligation of US under Art 3(1) of Convention Against Torture Whether respondent's discretion under s 22(3)(f) miscarried – where respondent relied on assurance by US Whether respondent asked wrong question in considering best interests of child Whether applicant denied procedural fairness ADMINISTRATIVE LAW – Where respondent approved briefing paper from department – where respondent not obliged to provide reasons for determination – whether inference can be drawn from respondent's approval of briefing paper that respondent adopted its reasoning