Pauga v Samoa [2022] FCA 1097

Federal Court of Australia

Pauga v Samoa [2022] FCA 1097 File numbers: SAD 143 of 2021

Judgment of: COLVIN J

Date of judgment: 16 September 2022

Catchwords: EXTRADITION - application for review under s 21 of the Extradition Act 1988 (Cth) - where applicant submits that the supporting documents produced to the magistrate under s 19(2)(a) were not duly authenticated - where supporting documents consisted of a bundle of documents affixed by a ribbon and seal to a certificate purporting to authenticate the bundle - where the seal of the Supreme Court of Samoa was affixed to the certificate - whether the seal affixed to the ribbon binding the bundle of documents to the certificate corresponds to the seal referred to by the terms of the certificate - whether the seal of the Supreme Court of Samoa is a seal for the purposes of s 19(7)(b)(i) - whether the certificate must specify the dates of the documents it purports to certify - whether the certificate must list the annexures to the affidavits it purports to certify - whether the certificate must by its terms identify copies of documents as copies - whether the certificate must by its terms identify copies of documents as being true and correct copies - whether the motto for the State of Samoa appearing on the seal must be translated into English - whether the respondent can rely on legal arguments not put to the magistrate - nature of the rehearing available under s 21 - further submissions to be received regarding appropriate relief BAIL - application for bail under s 21 of the Extradition Act 1988 (Cth) - whether the delay in the final hearing of the substantive application is a special circumstance - whether the substantive application has strong prospects of success - application refused