Responding to an extradition request under the Extradition Act 1988 (Cth)
Australian extradition proceedings follow a four-stage process: provisional arrest, s 16 notice, s 19 eligibility hearing, and s 22 ministerial surrender decision. Each stage has its own narrow issues and its own review pathway.
This is an 8-step workflow for defending an individual subject to an extradition request from a foreign country under the Extradition Act 1988 (Cth).
Before you start
- A s 12 provisional arrest warrant or s 16 notice has been issued
- Identify the requesting country and whether it is an extradition country
- Obtain the supporting documentation relied on by the requesting state
- Client instructions on identity, dual criminality, and potential defences
The workflow
Review the statutory framework and treaty
Check whether the requesting country is an extradition country under the Act and whether a bilateral or multilateral treaty applies. Obtain the relevant Regulations.
Consider bail under s 15
Bail is only available in special circumstances under s 15. Prepare a bail application focused on health, family ties, and lack of flight risk.
Test the s 16 notice
Challenge any defect in the s 16 notice including offence description, supporting warrant, and identification of the person. Seek disclosure of the Attorney-General's file.
Identify extradition objections
Map s 7 extradition objections — political offence, double jeopardy, prejudice by reason of race/religion/nationality/political opinion, or absence of speciality protection.
Prepare the s 19 eligibility hearing
The s 19 hearing is narrow — dual criminality, validity of the s 16 notice, and extradition objections. Evidence is documentary; there is no merits review of the foreign allegations.
Run or concede eligibility and pursue review
If an eligibility determination is adverse, file a s 21 review to the Federal Court. Review is de novo on the documents but remains confined to the s 19 issues.
Make s 22 ministerial submissions
After eligibility, the Attorney-General must decide surrender under s 22. Submissions can raise human rights, prison conditions, and undertakings required from the requesting country.
Seek judicial review of surrender
If surrender is ordered, seek judicial review in the Federal Court under the ADJR Act or s 39B of the Judiciary Act. Consider habeas corpus in urgent cases.
What you will have at the end
Either a successful challenge resulting in discharge, or managed surrender on the best available terms with negotiated undertakings from the requesting state.
Common issues
- Dual criminality arguments that are too technical — courts take a broad approach
- Missing the 15-day review window under s 21 after an eligibility decision
- Ministerial submissions that do not address the statutory discretion directly
- Underestimating prison conditions evidence required for Article 3 ECHR / torture arguments
- Delay in raising speciality protection issues
Run this workflow on a real matter
Quillio maps s 7 extradition objections to the facts, drafts s 22 ministerial submissions, and surfaces Federal Court authority on each stage of the Act. See /practice-areas/criminal-lawyers.
This workflow is a general guide. Extradition practice is specialised — obtain senior advice early and consider engaging international law co-counsel in complex matters.
Try this workflow with Quillio.
Quillio can run this workflow on a real matter, with citations to current AU authority on every step. The free trial requires no credit card.
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