Francuziak v Honourable Michael Keenan MP, Minister for Justice [2015] FCA 464

FEDERAL COURT OF AUSTRALIA

Francuziak v Honourable Michael Keenan MP, Minister for Justice [2015] FCA 464 Citation: Francuziak v Honourable Michael Keenan MP, Minister for Justice [2015] FCA 464

Parties: PAWEL FRANCUZIAK v THE HONOURABLE MICHAEL KEENAN MP, MINISTER FOR JUSTICE

File number: WAD 92 of 2014

Judge: MCKERRACHER J

Date of judgment: 15 May 2015

Catchwords: EXTRADITION – review of decision to surrender under s 22 of the Extradition Act 1988 (Cth) – whether Minister applied the wrong test under s 22(3)(b) of the Act – whether overcrowding, delays in consideration for parole, violence and other risks to personal safety, and inadequate medical facilities and illness and disease amount to torture for the purposes of s 22(3)(b) of the Act ADMINISTRATIVE LAW – whether the Minister's decision to surrender under s 22 of the Extradition Act 1988 (Cth) was unreasonable – whether extradition would be totally incompatible with humanitarian considerations because of exceptional circumstances for the purposes of Art 3(4) of the Convention Against Torture and Other Forms of Cruel, Inhuman, or Degrading Treatment or Punishment – whether assurances from Poland should have been sought and obtained

Legislation: Convention Against Torture and Other Forms of Cruel, Inhuman, or Degrading Treatment or Punishment Art 3 Extradition Act 1988 (Cth) ss 11, 18(2), 22(2), 22(3)(b), 23 Extradition (Poland) Regulations 1999 (Cth) reg 4 Judiciary Act 1903 (Cth) ss 39B(1), 39B(1A)

Cases cited: Associated Provincial Picture Houses Ltd v Wednesbury Corporation [1948] 1 KB 223 Chan v Minister for Immigration and Ethnic Affairs (1989) 169 CLR 379 de Bruyn v Minister for Justice & Customs (2004) 143 FCR 162 de Bruyn v Ellison [2004] FCA 880 Minister for Immigration and Border Protection v Singh (2014) 308 ALR 280 Minister for Immigration and Citizenship v Li (2013) 249 CLR 332 O'Connor v Adamas (2013) 210 FCR 364