Federal Court of Australia
Federal Court of Australia
Kisun v New Zealand [2024] FCA 224 File number: NSD 1297 of 2023
Judgment of: PERRAM J
Date of judgment: 12 March 2024
Catchwords: EXTRADITION – where Applicant seeks review under s 35 of the Extradition Act 1988 (Cth) of magistrate's decision to surrender him to New Zealand – where Applicant faces charges of historical child sexual abuse – where Applicant is elderly and cognitively impaired – whether delay unjust or oppressive within meaning of s 34(2)
Legislation: Extradition Act 1988 (Cth) ss 34(2), 35(6), 38(5) Extradition Regulations 1988 (Cth) r 4 Child Protection (Offenders Registration) Act 2000 (NSW) Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (NSW) ss 4, 5 Crimes Act 1961 (NZ) s 140(1)
Cases cited: Bannister v New Zealand [1999] FCA 362; 86 FCR 417 Foster v Minister for Customs and Justice [2000] HCA 38; 200 CLR 442 Hicks v Martin (1990) 27 FCR 416 Kisun v New Zealand [2023] FCA 1576 New Zealand v Moloney [2006] FCAFC 143; 154 FCR 250 Newman v New Zealand [2012] FCAFC 133; 206 FCR 1 R v Kisun (No 5) [2018] ACTSC 311 White v Cassidy (1979) 40 FLR 249
Division: General Division
Registry: New South Wales
National Practice Area: Other Federal Jurisdiction
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