MLATs Australia

What is extradition?

Extradition is the process by which one country apprehends and sends a person to another country to face criminal charges or serve a sentence.

The Extradition Act 1988 (Cth) provides Australia’s legislative basis for extradition. It sets out a number of mandatory requirements which must be met before Australia can make or accept an extradition request. Those requirements may be supplemented by requirements contained in a multilateral or bilateral treaty.


With which countries does Australia have an extradition treaty?

Australia has bilateral extradition relationships with the following countries:

Argentina Hong Kong Malaysia Spain
Austria Hungary Mexico Sweden
Belgium India Monaco Switzerland
Brazil Indonesia Netherlands Turkey
Chile Ireland Norway United Arab Emirates
Ecuador Israel Paraguay United States of America
Finland Italy Philippines Uruguay
France Korea Poland Venezuela
Germany Latvia Portugal Vietnam
Greece Luxembourg South Africa


What is the benefit of having an extradition treaty?

As outlined in the Manual on Mutual Legal Assistance (MLA) and Extradition, treaties are the most formal instrument available in both MLA and extradition matters. Treaties oblige the parties to cooperate with one another under international law, provided that the request falls within the terms of the treaty.

Bilateral extradition treaties between States help to provide greater clarity regarding the obligations and expectations in the extradition process. This is particularly the case when States share the same legal tradition, as the commonality found in the treaty will follow through to the domestic court process as well.


Further reading

Australia’s multilateral extradition treaties

Australia’s bilateral mutual assistance relationships

Nyman Gibson Miralis provides expert advice and representation in complex transnational cases involving extradition and mutual legal assistance.

Contact us if you require assistance.