Is Extradition The Same as Deportation and Removal?
Extradition refers to a formal surrender by one nation or state to another of a person accused or convicted of an offence outside its own territory and within the territorial jurisdiction of the other, which is competent to try and punish the person and demands the surrender. (O'Connell, D, International Law in Australia 1984)
This process is essential for international cooperation in law enforcement, allowing countries to bring fugitives to justice in the appropriate jurisdiction.
What is the key legislation governing Extradition to and from Australia?
The legal framework governing extradition in Australia is primarily outlined in the Extradition Act 1988 (Cth). This Act establishes the procedures and requirements for extraditing individuals to and from Australia.
What are the differences between Extradition & Deportation and Removal?
It is important to distinguish between extradition, deportation, and removal:
Extradition: This process focuses on returning fugitives to a jurisdiction where they can be tried for criminal offences. The individual's destination is critical to the requesting state.
Deportation and Removal: These terms refer to the process by which a country expels illegal or unwanted individuals from its territory. Unlike extradition, the ultimate destination of the deportee is generally not a concern for the state conducting the deportation or removal.
Are there any requirements relating to extradition?
Extradition between Australia and foreign states typically requires:
Existence of a Treaty: A treaty must be in place to establish the obligation to surrender individuals.
Request from the Foreign State: The extradition process begins with a formal request to the Australian Attorney-General, accompanied by evidence that the individual has committed an offence recognized under Australian law.
What is the process of Extradition like?
Request for Extradition: The foreign country submits a request to the Australian Attorney-General.
Evaluation of Extraditability: The Attorney-General assesses whether the individual qualifies as an "extraditable person."
Issuance of Provisional Warrant: If a person is deemed extraditable, an Australian magistrate issues a provisional warrant under section 12 of the Extradition Act.
Arrest and Hearing: The individual is arrested and brought before a magistrate, who decides whether to surrender the person to the requesting nation.
Special Considerations for New Zealand
Extradition between Australia and New Zealand is governed by specific provisions in the Extradition Act (sections 28-39). New Zealand is treated almost as an Australian state for extradition purposes, reflecting the close ties between the two nations.
How Can Agape Henry Crux Help You?
If you or someone you know are facing with potential deportation or removal, contact us at Agape Henry Crux for professional legal assistance. You can book a Migration Planning Session with one of our immigration lawyers or Accredited Specialist in Immigration Law to seek professional advice by calling 02-8310-5230 or email us to book in a time at info@ahclawyers.com.
We speak fluent English, Mandarin, Cantonese, and Malay. If these aren’t your language, we can also help you arrange an interpreter.
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