Minister for Home Affairs of the Commonwealth v Zentai [2012] HCA 28

HIGH COURT OF AUSTRALIA

FRENCH CJ, GUMMOW, HEYDON, CRENNAN, KIEFEL AND BELL JJ

MINISTER FOR HOME AFFAIRS OF THE COMMONWEALTH & ORS APPELLANTS

AND

CHARLES ZENTAI & ORS RESPONDENTS

Minister for Home Affairs of the Commonwealth v Zentai [2012] HCA 28 15 August 2012 P56/2011

ORDER

Appeal dismissed with costs.

On appeal from the Federal Court of Australia

Representation

S B Lloyd SC with H Younan for the appellants (instructed by Australian Government Solicitor)

G R Kennett SC with P W Johnston and V M Priskich for the first respondent (instructed by Fiocco's Lawyers)

Submitting appearance for the second and third respondents

M G Hinton QC, Solicitor-General for the State of South Australia with M J Wait intervening on behalf of the Attorney-General for the State of South Australia (instructed by Crown Solicitor (SA))

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

CATCHWORDS

Minister for Home Affairs of the Commonwealth v Zentai

Extradition – First appellant determined to surrender first respondent for extradition to Republic of Hungary pursuant to s 22(2) of Extradition Act 1988 (Cth) ("Act") for qualifying extradition offence of "war crime" – "War crime" not offence under Hungarian law at time of acts said to constitute offence – Act applies in relation to Hungary subject to Treaty on Extradition between Australia and the Republic of Hungary ("Treaty") – Art 2.5(a) of Treaty states that extradition may be granted irrespective of when relevant offence committed, provided it was offence in Requesting State at time of acts or omissions constituting offence – Whether offence for which extradition sought must be offence in Requesting State at time of acts or omissions constituting offence.

Words and phrases – "offence in relation to which extradition is sought", "qualifying extradition offence", "surrender determination".