High Court of Australia

Pasini v United Mexican States [2002] HCA 3

209 CLR 246; 187 ALR 409

14 Feb 2002

Case Number: M39/2001

Before

Gleeson CJ, Gaudron, McHugh, Gummow, Kirby JJ

Catchwords

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.

Constitution – s 71.

Extradition Act 1988 (Cth) – ss 19, 21.

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