Kyung Yup Kim v The Prison Manager, Mt Eden Corrections Facility - SC 80/2012
Summary
Civil Appeal – Habeas corpus – Applicant remanded in custody until his eligibility for surrender under s 24 of the Extradition Act 1999 has been determined – Whether the Court of Appeal erred by failing to take into consideration the right to life and the right not to be subjected to torture under ss 8 and 9 of the New Zealand Bill of Rights Act 1990 – Whether the Court of Appeal erred by failing to give authorities from New Zealand and the United Nations Human Rights Committee the intensive scrutiny they warranted – Whether the lawfulness of the application to extradite the applicant is a matter capable of summary determination in a habeas corpus application – Whether challenges to the applicant’s status as an “extraditable person” are a matter capable of summary determination in a habeas corpus application. [2012] NZCA 471 CA 637/2012
Result
Leave to appeal is granted.
The approved ground is whether the Courts below were correct to dismiss the proceeding because the alleged deficiencies in the request to surrender and the application for a provisional warrant were not suitable for determination on a habeas corpus application.
16 November 2012
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The appeal is dismissed. No order for costs.
20 December 2012
Additional Information