Full Court Minute Books

Case P56/2011

Minister for Home Affairs of the Commonwealth and Ors v. Zentai and Ors

Case No.

P56/2011

Case Information

Lower Court Judgment

16/08/2011 Federal Court of Australia (North, Besanko & Jessup JJ)

[2011] FCAFC 102

Catchwords

Extradition — Permissible circumstances for surrender — Hungarian Military Judge issued warrant for arrest of first respondent — Warrant alleged that during World War II first respondent committed war crime contrary to s 165 of Criminal Code of Hungary — Australian magistrate determined first respondent eligible for extradition — Federal Court affirmed magistrate's decision and Full Federal Court dismissed appeal — Whether extradition pursuant to Treaty on Extradition Between Australia and the Republic of Hungary ("Treaty") permitted only where actual offence for which extradition sought an offence in requesting state at time conduct constituting offence took place — Whether extradition under Treaty permitted where conduct constituting offence for which extradition sought an offence in requesting state at time conduct took place — Treaty, art 2(5)(a) — Extradition Act 1988 (Cth), s 22(3)(e)(i) and (iii).

Short Particulars

Documents

09/12/2011 Hearing (SLA, Sydney)

21/12/2011 Notice of appeal

23/12/2011 Notice of contention

23/12/2011 Written submissions (Appellants)

23/12/2011 Chronology (Appellants)

13/01/2012 Submitting appearance (Second and Third Respondents)

19/01/2012 Notice of Constitutional Matter

10/02/2012 Written submissions (First Respondent)

17/02/2012 Reply

24/02/2012 Written submissions (Attorney-General of South Australia intervening)

28/03/2012 Hearing (Full Court, Canberra)

15/08/2012 Judgment  (Judgment summary)