High Court of Australia

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

246 CLR 213; 86 ALJR 930; 289 ALR 644

15 Aug 2012

Case Number: P56/2011

Before

French CJ, Gummow, Heydon, Crennan, Kiefel, Bell JJ

Catchwords

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".

Extradition Act 1988 (Cth) – ss 11, 22.

Extradition (Republic of Hungary) Regulations (Cth).

Treaty on Extradition between Australia and the Republic of Hungary
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