Pasini v United Mexican States [2002] HCA 3

HIGH COURT OF AUSTRALIA

GLEESON CJ,

GAUDRON, McHUGH, GUMMOW AND KIRBY JJ

MARCO PASINI (BERTRAN) APPLICANT

AND

UNITED MEXICAN STATES & ORS RESPONDENTS

Pasini v United Mexican States [2002] HCA 3

Date of order: 7 September 2001

Date of publication of reasons: 14 February 2002

M39/2001

ORDER

1. Application for special leave to appeal refused. 2. The applicant to pay the costs of the first respondent.

On appeal from the Federal Court of Australia

Representation:

G Griffith QC with G R Kennett for the applicant (instructed by Fernandez Canda Gerkens)

G A A Nettle QC with M M Gordon for the first respondent (instructed by Director of Public Prosecutions (Commonwealth))

No appearance for the second respondent

D M J Bennett QC, Solicitor-General of the Commonwealth with H C Burmester QC and M K Moshinsky for the third respondent (instructed by Australian Government Solicitor)

Notice: This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.

CATCHWORDS

Pasini v United Mexican States

Constitutional law (Cth) – Judicial power – Extradition – Jurisdiction of Federal Court to review order by magistrate that applicant, being eligible for surrender to extradition country, be committed to prison – Provision requiring Federal Court to have regard only to the material before the magistrate – Whether provision denies to the Federal Court power to receive evidence led to show that proceeding before it was an abuse of its process – Whether consistent with the exercise of the judicial power of the Commonwealth – Whether provision enabling curial review of administrative function amounts to purported conferral of non-judicial power.

Extradition – Judicial review by Federal Court of magistrate's order – Provision requiring Federal Court to have regard only to material before the magistrate – Whether provision invalid under the Constitution as inconsistent with the exercise of federal power – Whether provision invalid as conferral of non-judicial power to participate in administrative function.