Matson (Roger) v Keenan [2016] FCA 1549

FEDERAL COURT OF AUSTRALIA

Matson (Roger) v Keenan [2016] FCA 1549 File number: QUD 422 of 2016

Judge: RANGIAH J

Date of judgment: 22 December 2016

Catchwords: EXTRADITION – review of Magistrate's decision under s 12 of the Extradition Act – review of Minister's decision under s 16 of the Extradition Act – meaning of extraditable person – whether decision-makers failed to take into account relevant considerations or asked the wrong questions – whether decisions were unreasonable, illogical and/or irrational – allegations of abuse of process

Legislation: Extradition Act 1988 (Cth) ss 5, 6, 11, 12, 15, 16, 19 and 22 Judiciary Act 1903 (Cth) s 39B Extradition (United States of America) Regulations (Cth) regs 3 and 4 Extradition (United States of America) Regulations (Cth) Sch 1 Treaty on Extradition between Australian and the USA Art II(1) Extradition (United States of America) Regulations (Cth) Sch 2 Protocol amending the Treaty on Extradition between Australia and the USA Art 1

Cases cited: Bennett v United Kingdom [2000] FCA 916 Forrest v Kelly (1992) 34 FCR 74 Foster v Attorney General (Cth) (1997) 97 A Crim R 560 Harris v Attorney-General (Cth) (1994) 52 FCR 386 Jago v District Court of New South Wales (1989) 168 CLR 23 Kommatas v Helenic Republic [2014] FCA 1224 Papazoglou v Republic of the Philippines (1997) 74 FCR 108 Snedden v Minister for Justice [2014] FCAFC 156 Snedden v Republic of Croatia [2009] FCA 30 Williams v Minister for Justice and Customs (Cth) (2007) 157 FCR 286 Zoeller v Federal Republic of Germany (1989) 23 FCR 282