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Appendix 6: Extradition and mutual assistance

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International transfer of prisoners

Table 16: International transfer of prisoners
International transfer of prisoners 2014–15 2015–16
Applications made to transfer from Australia 20 31
Applications made to transfer to Australia 14 18

Extradition matters dealt with in 2015–16 or continuing

Table 17: Extradition requests made by Australia
Extradition requests made by Australia 2015–16
Requests carried forward 24
New requests made 6
Requests granted 5
Requests withdrawn 2      
Requests refused 3
Requests otherwise finalised 0
Requests continuing 20

Table 18: Australian extradition requests granted
Australian extradition requests granted 2015–16
India 1
Indonesia 1
Serbia 1
Thailand       1
United Kingdom 1

Table 19: Citizenship of people surrendered to Australia
Citizenship of people surrendered to Australia 2015–16
Australia 2      
Afghan 1
Indian 1
Italian 1
Thai 1
British 1

Note: As some of these people held dual nationality, the numbers total more than the number of people surrendered.

Note: There were no Australian permanent residents extradited to Australia.

Table 20: Major categories of offences for which people were surrendered to Australia
Major categories of offences for which people were surrendered to Australia 2015–16
Murder/manslaughter/attempted murder 1      
People smuggling 1
Sexual offences 1

Table 21: Extradition requests made to Australia
Extradition requests made to Australia 2015–16
Requests carried forward 60
New requests received       28
Requests granted 11
Requests withdrawn 3
Requests refused by the Attorney-General 1
Requests refused by the courts 0
Requests otherwise finalised 13
Requests continuing 60

Table 22: Extradition requests granted by Australia
Extradition requests granted by Australia 2015–16
United States of America 4
United Kingdom 2
Croatia 1
Czech Republic 1
Ireland 1
Poland 1
Slovenia 1

Table 23: Citizenship of people surrendered by Australia
Citizenship of people surrendered by Australia 2015–16
Austalian 8
British 3
Czech (Republic) 1
Irish 2
Dutch 1
Polish 1
Serbian 1
Slovenian 1
American (US) 1

Note: As some of these people held dual nationality, the numbers total more than the number of people surrendered.

Note: There were no Australian permanent residents extradited from Australia.

Table 24: Major categories of offences for which people were surrendered
Major categories of offences for which people were surrendered 2015–16
Child sex offences 4
Fraud/theft offences 4
Corporate offences 1
Murder/manslaughter/attempted murder 1
War crimes 1

Note: Extradition requests vary considerably in complexity and the time it takes to resolve them. The complexity of an extradition request depends on the alleged criminal offence or offences and the alleged criminal conduct underlying the offence. The time taken to resolve an extradition request can vary from a few years, if a fugitive wishes to contest extradition and exercise all rights of review and appeal, to a few months if a fugitive consents to extradition.

Mutual assistance matters dealt with in 2015–16 or continuing

Table 25: Mutual assistance in criminal matters requests made by Australia
Mutual assistance in criminal matters requests made by Australia 2015–16
Requests carried forward 397
New requests made/requests reopened 366
Requests finalised 304
Requests continuing 460      

Table 26: Mutual assistance in criminal matters requests made to Australia
Mutual assistance in criminal matters requests made to Australia 2015–16
Requests carried forward 166
New requests/requests reopened 398
Requests finalised 383
Requests continuing 182

Comparative statistics for extradition and mutual assistance cases

Table 27: Extradition requests made by Australia, 2005–06 to 2015–16
  Cases carried forward New requests made Requests granted Requests refused Requests otherwise finalised
2005–06 14 13 8 1 1
2006–07 17 24 9 4 3
2007–08 25       15 14 0 4
2008–09 22 25 9 4 2
2009–10 30 19 13 3 2
2010–11 31 21 12 0 3
2011–12 37 14 9 0 5
2012–13 37 16 14 1 4
2013–14 34 15 18 0 6
2014–15 25 9 8 0 0
2015–16 24 6 5 3 2

Table 28: Extradition requests made to Australia, 2005–06 to 2015–16
  Cases carried forward New requests made Requests granted Requests refused Requests otherwise finalised
2005–06 31 21 11 2 2
2006–07 37 22 8 0 6
2007–08 45 12 9 1 6
2008–09 41 17 10 2 8
2009–10 38 30 6 1 11
2010–11 50       23 5 0 11
2011–12 57 22 10 1 16
2012–13 52 23 11 2 15
2013–14 47 43 13 2 18
2014–15 57 32 10 1 13
2015–16 60 28 11 1 16

Table 29: Mutual assistance requests made by Australia, 2005–06 to 2015–16
  Cases carried forward New requests made Requests finalised Requests refused
2005–06 195 167 94 0
2006–07 270 220 176 0
2007–08 314 225 298 0
2008–09 241       184 186 0
2009–10 239 182 192 0
2010–11 229 203 175 0
2011–12 257 263 225 0
2012–13 295 292 259 0
2013–14 328 352 303 0
2014–15 377 338 321 0
2015–16 397 366 304 0

Table 30: Mutual assistance requests made to Australia, 2005–06 to 2015–16
  Cases carried forward New requests made Requests finalised Requests refused
2005–06 176 228 159 0
2006–07 249 239 242 0
2007–08 246 290 385 0      
2008–09 151 340 338 0
2009–10 156 380 373 1
2010–11 162 427 438 0
2011–12 151 387 391 1
2012–13 146       398 385 1
2013–14 159 321 345 0
2014–15 135 340 316 0
2015–16 166 398 383 0

International war crimes

Australia continues to assist in one request for assistance from the ICC received in 2013–14.

Breaches of undertakings

In response to the Joint Standing Committee on Treaties Report 91 and the House Standing Committee on Social Policy and Legal Affairs' Advisory report on the Extradition and Mutual Assistance in Criminal Matters Legislation Amendment Bill 2011, the Australian Government undertook to report all breaches of undertakings in extradition or mutual assistance processes that come to the attention of the government, in the department's annual report. No breaches of undertaking have come to the attention of the Australian Government in 2015–16.

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