Federal Court of Australia
Federal Court of Australia
Pauga v Chief Executive of Queensland Corrective Services (No 6) [2022] FCA 1096 File numbers: SAD 135 of 2021
Judgment of: COLVIN J
Date of judgment: 16 September 2022
Catchwords: EXTRADITION - application for issue of a writ of habeas corpus or orders in the nature of habeas corpus - application to quash various allegedly invalid instruments recording remand of applicant in custody - where applicant remanded in custody under s 15 of the Extradition Act 1988 (Cth) - where applicant subsequently committed to prison after warrant of committal issued by magistrate under s 19(9) of the Extradition Act - whether magistrates acted judicially when required to carry out functions as personae designata - whether magistrate erred in conducting s 19 proceedings - application of principles of res judicata, issue estoppel and abuse of process - whether applicant afforded procedural fairness in conduct of s 19 proceedings - whether appropriate to order release of applicant from custody on finding of procedural unfairness - order made to set aside warrant of committal and remit matter to magistrate - order remanding applicant in custody pending remittal - application otherwise dismissed STATUTORY INTERPRETATION - general principles of construction - construction of s 15, s 16, s 17, s 18, and s 19(1) of the Extradition Act 1988 (Cth) - whether 'brought as soon as practicable before' requires physical attendance of person arrested - whether remand 'for such period or periods as may be necessary for proceedings … to be conducted' contemplates a single remand or remand from time to time - whether 'to appear' requires physical attendance of remanded person - whether provisions that apply where person is on remand under s 15 require remand as a matter of fact or require lawful remand - character of pre-conditions in s 19(1) EXTRADITION - bail - consideration of nature of test to be applied where applicant challenges validity of detention - consideration of 'care and caution' test in common law bail applications for extradition cases - bail refused
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