Chan v Minister for Justice and Customs (2001) FCA 718

In this matter Greg Walsh represented the applicant seeking a review of the determination of the Minister for Justice’s decision under s22 of the Extradition Act that Mr Chan was to be surrendered to Hong Kong authorities. It was argued that the Ministers decision was an improper exercise of the power conferred by s22(2) of the Act in that the Minister failed to take into account relevant considerations. Those considerations were:

The increased significance of the Applicant for extradition, trial, and if convicted, a sentence ranging from 3.5 to 5 years given that he is HIV positive and has a life expectancy estimated at only 15 years; and;

Expert forensic documenting examination evidence, concluding that the signatures were allegedly forged by the Applicant, being the basis of the forgery charges giving rise to the extradition request may well be genuine.

Stone J dismissed the application and held, that in effect, the Minister for Justice had not failed to take into account material consideration.