Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Liem v Republic of Indonesia [2017] FCA 1303 File number: NSD 855 of 2017
Judge: BROMWICH J
Date of judgment: 10 November 2017
Catchwords: EXTRADITION – application for judicial review under s 39B of Judiciary Act 1903 (Cth) – seeking review of Minister's decision to issue notice under s 16 of Extradition Act 1988 (Cth) upon concluding that applicant was an "extraditable person" within meaning of s 6 of Extradition Act 1988 (Cth) – seeking review of magistrate's decision that applicant was eligible for surrender as being a nullity - asserted incapacity of material to establish Minister's conclusion that applicant was "accused of having committed the offences" – asserted failure by Minister to properly consider whether applicant was not "accused of having committed the offences" due to insufficient material – alleged denial of procedural fairness – held: open to Minister to conclude that applicant was "accused of having committed the offences" and thus an "extraditable person" – held: material before Minister sufficient to base conclusion – held: no denial of procedural fairness due to no obligation arising - held: magistrate's decision therefore not a nullity – held: judicial review application dismissed EXTRADITION – statutory appeal under s 21 of Extradition Act 1988 (Cth) challenging orders of magistrate that applicant was eligible for surrender to Indonesia under s 19(9) of Extradition Act 1988 (Cth) – alleged error by magistrate in considering police investigators report to be part of statement of conduct – alleged error by magistrate in concluding dual criminality requirement was satisfied – alleged error by magistrate in holding Indonesia to have provided requisite statement of conduct - held: no issue in police investigators report forming part of statement of conduct – held: no error in holding dual criminality to be satisfied – held: no error in holding statement of conduct provided to be satisfactory – held: statutory appeal dismissed
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