Foster v Minister for Customs and Justice

[2000] HCA 38
Judgment date
Case number
B92/1999
Before
Gleeson CJ, Gaudron, McHugh, Kirby, Hayne JJ
Catchwords

Extradition – Extradition to and from Commonwealth countries - Surrender determination by Attorney-General - Limitation condition qualification or exception - Satisfaction that circumstances engaging limitation condition qualification or exception do not exist - Unjust or oppressive or too severe a punishment to surrender eligible person - Double layer of satisfaction - Whether the Minister is satisfied that he or she is not satisfied that it would be unjust or oppressive or too severe a punishment to surrender eligible person.

Administrative law – Judicial review legislation - Alleged failure to take into account a particular consideration - Extent of Minister's obligation to make inquiries.

Words and Phrases – "unjust or oppressive or too severe a punishment".

Extradition Act 1988 (Cth) – ss 22, 23.

Extradition (Commonwealth Countries) Regulations (Cth) – reg 7.

Files
38.rtf (82.41 KB)
38.pdf (166.16 KB)