Zentai and the troubles of extradition

The High Court in Minister for Home Affairs (Cth) v Zentai (1) was required by the provisions of the Extradition Act 1988 (Cth) to interpret and apply the 1997 Treaty on Extradition between Australia and the Republic of Hungary. (2) Part II of this case note begins by examining the law applicable to Hungary's request for the extradition of Mr Zentai. Part III catalogues the extraordinary extradition process in Zentai and reflects on its significance for potential reform of extradition arrangements. Part IV then analyses the Court's interpretation of art 2.5(a) of the Australia-Hungary Extradition Treaty which led to the result that Mr Zentai cannot be extradited to Hungary to face investigation for alleged war crimes committed during the Second World War. As will be seen, the Court's strict textual approach to the relevant provisions of the Australia-Hungary Extradition Treaty may have significant implications for future extradition cases, and may require remedial amendments to some of Australia's extradition treaties.