Minister for Home Affairs v Tervonen

Federal Court of Australia (Full Court)|2008-03-10|Before: Buchanan JJ

FEDERAL COURT OF AUSTRALIA Minister for Home Affairs v Tervonen (No 2) [2008] FCAFC 32 MINISTER FOR HOME AFFAIRS v JAN TERVONEN NSD 2227 OF 2007 JACOBSON, BENNETT & BUCHANAN JJ 10 MARCH 2008 SYDNEY IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALESDISTRICT REGISTRY NSD 2227 OF 2007

ON APPEAL FROM A DECISION OF A SINGLE JUDGE OF THE FEDERAL COURT OF AUSTRALIA

Order 3 made on 6 March 2007 be set aside.
It be declared that the document dated 30 April 2007 signed by Senator Johnston is not a valid notice under s 16(1) of the Extradition Act 1988 with respect to the offences listed in [55], [57] and [58].

Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALESDISTRICT REGISTRY NSD 2227 OF 2007

ON APPEAL FROM A DECISION OF A SINGLE JUDGE OF THE FEDERAL COURT OF AUSTRALIA

SUPPLEMENTARY REASONS FOR JUDGMENT THE COURT: 1 In [78] of our reasons given on 6 March 2008 (see Minister for Home Affairs v Tervonen [2008] FCAFC 24), we set out our understanding of the paragraphs of the Amended Notice that were conceded by the Minister. This was reflected in [96] and in Order 3. 2 We delayed entry of Order 3 for 72 hours in case our understanding was not correct. 3 We have now been informed by the Minister's solicitors that [24] to [50] of the Amended Notice were not conceded and that Mr Ash, counsel for the respondent, concurs that the abovementioned paragraphs of our reasons and Order 3 should be amended accordingly. 4 It follows that [78] and [96] of our reasons are amended to delete reference to [24]-[50] of the Amended Notice. The same amendment will be made to Order 3. 5 For clarity, our orders will be that we set aside Order 3 made on 6 March 2008 and, in lieu thereof, order that it be declared that the document dated 30 April 2007 signed by Senator Johnston is not a valid notice under s 16(1) of the Extradition Act 1988 with respect to the offences listed in [55], [57] and [58]. I certify that the preceding five (5) numbered paragraphs are a true copy of the Supplementary Reasons for Judgment herein of the Court.

Associate: Dated: 10 March 2008 Counsel for the Appellant: Mr R Beech-Jones SC with Ms K Morgan

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