Pasini v United Mexican States

HIGH COURT OF AUSTRALIAGLEESON CJ,GAUDRON, McHUGH, GUMMOW AND KIRBY JJMARCO PASINI (BERTRAN)  APPLICANTANDUNITED MEXICAN STATES & ORS  RESPONDENTSPasini v United Mexican States [2002] HCA 3Date of order:  7 September 2001Date of publication of reasons:  14 February 2002M39/2001ORDER1.   Application for special leave to appeal refused.2.   The applicant to pay the costs of the first respondent.On appeal from the Federal Court of AustraliaRepresentation:G Griffith QC with G R Kennett for the applicant (instructed by Fernandez Canda Gerkens)G A A Nettle QC with M M Gordon for the first respondent (instructed by Director of Public Prosecutions (Commonwealth))No appearance for the second respondentD M J Bennett QC, Solicitor-General of the Commonwealth with H C Burmester QC and M K Moshinsky for the third respondent (instructed by Australian Government Solicitor)Notice:  This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.CATCHWORDSPasini v United Mexican StatesConstitutional 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 –...