Recent Cases

Rivas v Republic of Chile [2021] FCAFC 214 (24 November 2021) (Mortimer, Bromwich and Anderson JJ)


EXTRADITION – appeal against decision of the Federal Court of Australia dismissing application under s 21 of the Extradition Act 1988 (Cth) (Act) challenging the orders of a magistrate that the appellant was eligible for surrender to the Republic of Chile under s 19(9) of the Act – whether the primary judge mischaracterised the extradition offences contained in the extradition request – whether the primary judge failed to recognise the violation of a “principle of legality” under s 19(2) of Act – whether the primary judge erred in concluding that a dual criminality requirement under s 19(2)(c) of the Act could not have been made out – whether the primary judge erred in concluding that the prosecution was not a result of political pressure under s 7(b) and 7(c) of the Act –where the appellant challenges that dual criminality is satisfied – whether the primary judge erred in failing to find that the effect of the Amnesty Law is such that the appellant has been ‘pardoned’ within the meaning of s 7(e) of the Act – where the appellant has not established any of the grounds of appeal – appeal dismissed