Matson v Attorney-General (Cth) [2022] FCA 461

FEDERAL COURT OF AUSTRALIA

Matson v Attorney-General (Cth) [2022] FCA 461 File number(s): QUD 356 of 2020

Judgment of: COLLIER J

Date of judgment: 29 April 2022

Catchwords: PRACTICE AND PROCEDURE – application for reinstatement – whereas proceeding stands dismissed by operation of self-executing order – whereas non-compliance with self-executing order was allegedly a result of diary error – whereas no sworn evidence was provided in support of reasons for non-compliance – applicant refused to give evidence under oath as to reasons for non-compliance – re-opening of case once judgment reserved – leave sought to file further submissions and grounds of appeal once judgment reserved - applicant would suffer substantial prejudice if appeal not reinstated - in any event applicant's proposed grounds of appeal are without merit – leave to file further submissions and grounds of appeal refused - application for reinstatement dismissed EXTRADITION – validity of surrender decision made under s 22(3)(f) of the Extradition Act 1988 (Cth) - whether the Attorney-General is bound to take into account Indigenous heritage in making such a decision – established authority provides that discretion under s 22(3)(f) of the Extradition Act 1988 (Cth) is unfettered – in any event Indigenous heritage was considered – special connection of Indigenous persons to traditional lands is long-established – Love and Thoms not analogous to the present case given the applicant's Australian citizenship – grounds of appeal have no prospects of success

Legislation: Australian Citizenship Act 2007 (Cth) Evidence Act 1995 (Cth) Extradition Act 1988 (Cth) Federal Court of Australia Act 1976 (Cth) Federal Court Rules 2011 (Cth) Migration Act 1958 (Cth) Native Title Act 1993 (Cth) Treaty on Extradition between Australia and the United States of America