Australia is an active participant in the international law enforcement system, actively cooperating with other countries to combat transnational crime. One of the key elements of this cooperation is the extradition process and the use of Interpol Red Notices to track down criminals. The extradition process ensures that criminals cannot escape justice by hiding in other jurisdictions.
Our multidisciplinary law firm can effectively protect each client from extradition. Not only do we advise and represent clients subject to extradition in Australia, but we also use our deep knowledge and many years of experience to promptly challenge Interpol Red Notices. If you have already been subject to extradition proceedings, contact our lawyers immediately so that appropriate action can be taken.
The short version for Australia, before the detail below.
Question
Position
Is an INTERPOL Red Notice an arrest warrant?
No. It is a request to locate and provisionally arrest, and it must rest on a warrant or court order issued by the requesting country.
Who decides whether to act on it in Australia?
Australia’s own authorities, applying national law. INTERPOL has no enforcement powers and cannot compel any member country to arrest.
Can an alert exist without appearing anywhere public?
Yes. Only a portion of Red Notices are published, and diffusions — alerts sent directly between national bureaus — are never published at all.
How do I establish what INTERPOL holds about me?
Through a data access request to the Commission for the Control of INTERPOL’s Files. A public search cannot rule anything out.
Where is the alert itself challenged?
Before the CCF, which decides on documents alone — no hearing, and no internal appeal from its decision.
Does deleting the notice end the case?
No. The warrant or prosecution in the requesting state stands on its own and has to be addressed separately — see Red Notice removal.
Extradition in Australia
Extradition to Australia is permitted for crimes punishable by at least 12 months’ imprisonment. If the crime committed in the requesting country carries the death penalty, extradition will be refused unless the state provides assurances that the death penalty will not be imposed.
Extradition to Australia is permitted for the following crimes:
Intentional murder or attempted murder;
Human trafficking;
Sexual exploitation and forced labor;
Drug trafficking and drug trafficking;
Organized crime;
Involvement in terrorist activities;
Financing a terrorist organization;
Corruption;
Financial fraud;
Tax evasion;
Embezzlement of public funds;
Money laundering;
Cybercrime.
Principles of extradition in Australia:
Double criminality: the offence for which extradition is sought must be a crime in both Australia and the requesting country;
Political offences: Australia will not extradite suspects accused of political offences;
Nationality: the country may refuse to extradite Australian citizens and sentence them according to national law;
The principle of “non bis in idem”: extradition will not be granted if the person has already been convicted or acquitted of the same offence in Australia or another country;
The principle of “speciality”: if a person is extradited from Australia to another country, they can only be prosecuted for those offences that are included in the extradition request;
Human rights safeguards: risk of torture, ill-treatment, death penalty or unfair trial.
Extradition process in Australia
The Full Federal Court in Harris v Attorney-General (1994) 52 FCR 386 outlined the stages of the process under the Extradition Act.
A foreign country makes a request for the extradition of a suspect from Australia;
The Attorney-General serves written notice on the Federal Circuit and Family Court of Australia;
A magistrate issues a warrant for the arrest of the accused and considers whether there are special circumstances to allow bail;
The Attorney-General decides whether the accused should be extradited to the requesting country. Even if the court grants extradition, the Attorney-General may overturn that decision.
If the request meets the necessary requirements, the Attorney-General or his representative issues a warrant for the arrest of the requested person. Warrants may be for attendance (for voluntary appearance in court) or for arrest. After arrest, the person is brought before the Magistrates Court, where the grounds for extradition and his rights are explained to him. The court considers the possibility of release on bail, taking into account the risk of flight and other factors.
If the court decides that all the requirements are met, it orders the person to be surrendered to the Attorney-General for final determination. Otherwise, extradition is refused and the person is released.
The requested person has the right to appeal the decision to the Federal Court or the Supreme Court of Australia within a further 15 days. If the party is not satisfied with the decision of the Federal Court, he or she may appeal to the Full Federal Court within 15 days. The party may then apply to the High Court for special leave.
Extradition Law in Australia
The main piece of legislation governing extradition in Australia is the Extradition Act 1988, which sets out the procedures and requirements for the extradition of persons both from Australia to other countries and to Australia from overseas. The Act also gives the Attorney-General’s Department the power to act as a central authority for international extradition matters.
Interstate extradition in Australia is governed by the Service and Enforcement of Judgments Act 1992. Under this Act, the police of any Australian jurisdiction can arrest a person on a warrant from any other state or territory.
Once arrested, the accused must appear before a magistrate in that jurisdiction along with the warrant. The home jurisdiction has priority in prosecuting offences committed in that state or territory prior to extradition. This means that the extraditing state must wait until the person has been tried and served their sentence before bringing charges.
Australia has bilateral agreements with other countries to regulate extradition procedures. Australia also has obligations under multilateral treaties aimed at combating specific crimes.
Countries that do not extradite to Australia
Australia has extradition agreements with more than 140 countries, providing a legal basis for the extradition of criminals and the exchange of information. But despite this wide network of treaties, there are a number of countries with which Australia does not have formal extradition agreements:
Russia
China
Saudi Arabia
Iran
North Korea
Somalia
Yemen
Syria
Eritrea
Vietnam
Mongolia
Afghanistan
Nepal
Bhutan
Kazakhstan
Uzbekistan
Qatar
Madagascar
People accused or convicted of serious crimes in Australia may escape justice by fleeing to countries without extradition agreements.
Countries in extradition status with Australia
Australia has bilateral extradition agreements with the following countries:
Argentina
Hong Kong
Malaysia
Spain
Austria
Hungary
Mexico
Sweden
Belgium
India
Monaco
Switzerland
Brazil
Indonesia
Netherlands
Turkey
Ireland
Norway
United Arab Emirates
Israel
USA
Finland
Italy
France
Korea
Poland
Venezuela
Germany
Latvia
Portugal
Vietnam
Greece
Luxembourg
South Africa
Members of the British Commonwealth of Nations have a slightly different extradition regime with Australia. The procedure is governed by the Extradition Regulations. In addition, Australia also has a separate agreement with New Zealand, under which law enforcement agencies in both jurisdictions can decide extradition matters without government or court intervention. This is known as “backing of warrants”.
Extradition Treaty between the US and Australia
The first extradition treaty between the United States and Australia was concluded back in 1976. The treaty sets out the legal framework and procedures for the extradition of individuals between the United States and Australia.
The requesting party (either the United States or Australia) prepares a formal extradition request containing:
Description of the crime and its classification;
Text of applicable laws;
Evidence supporting the validity of the request;
Information on the identity and location of the wanted person.
The request is made through diplomatic channels or directly between the US Department of Justice and the Australian Attorney General’s Department.
Once the request is received, the competent authorities of the requested country issue a warrant for the arrest of the person. The arrested person is brought before a court for a preliminary hearing, where the following is checked:
Legitimacy of the request;
Availability of sufficient evidence;
Compliance with procedural requirements.
The court assesses whether the act meets the criteria of dual criminality and whether there are any obstacles to extradition. If the court decides in favor of extradition, the case is transferred to the executive authorities, who make the final decision on extradition.
How can Interpol Red Notice lawyers help you?
Our experienced Interpol Red Notice lawyers can help challenge and mitigate extradition requests using legal mechanisms.
If your extradition request is accompanied by an INTERPOL Red Notice, our lawyers can help verify the legality of the notice. They can challenge it if there is political motivation, insufficient evidence or other human rights violations.
Our lawyers can defend you in court, challenging the extradition request on the basis of international treaties and Australian laws. We analyze all the circumstances of the case to find grounds for refusing extradition, such as the threat of the death penalty, torture or human rights violations.
We provide comprehensive advice on extradition issues, taking into account international treaties, Australian laws and INTERPOL obligations. This allows us to build a defense strategy that takes into account the specifics of your case. Our lawyers can negotiate with Australian government agencies and INTERPOL representatives to settle the extradition issue before trial or minimize the consequences for the client.
Contact us today to receive qualified assistance with extradition matters in Australia and protect your rights internationally!
Applications to the Commission for the Control of INTERPOL’s Files are drafted and signed by a senior partner, and you deal with that partner throughout — the argument you file is the one you discussed.
Dmytro KonovalenkoSenior Partner, Attorney-at-law, admitted to the Bar (Certificate to practice Law #001156)
Fees are set after a free assessment of the file, because the work depends on whether a notice exists at all, which country supplied the data and how far the case behind it has gone. See the full team on our team page, or speak to a partner directly: +357 96 447475.
FAQ
How does INTERPOL operate in Australia?
INTERPOL has no officers or powers of its own in Australia. It runs a secure communication network and a set of databases, and every operational act — a check at a border, a question at passport control, an arrest — is carried out by national authorities under national law. What reaches Australia is data: a notice or a diffusion circulated at another country’s request, which local authorities then decide what to do with.
How do I find out whether an INTERPOL alert names me in Australia?
Not from the Australian Federal Police and not from the National Central Bureau in Canberra — neither will tell an individual what INTERPOL holds about them. The authoritative route is a data access request to the Commission for the Control of INTERPOL’s Files. In Australia the practical trigger is usually a visa or citizenship application that runs a character assessment, or a return through an international airport where the check is automated.
On what grounds can an alert involving Australia be challenged?
INTERPOL’s own rules supply the grounds, not the Extradition Act: a political, military, religious or racial character to the case, a serious risk to the person, data that is inaccurate or out of date, or a request below the organisation’s thresholds. An Australian court hearing a surrender request and the Commission examining the data answer different questions, so an argument that succeeds in one forum does not automatically carry in the other.
Should the alert or the underlying case be attacked first?
Usually both at once, because they run on separate timetables. A challenge to the INTERPOL data goes to the Commission and can take many months; anything happening before an Australian court moves to its own deadlines and will not wait. The sequencing question is really about which one carries the immediate risk — detention and travel restriction are decided domestically, while the alert keeps working in every other country until it is removed.
Can an alert affect banking, work or residence in Australia?
Yes, and often before any court is involved. Australian banks and licensed employers run screening against international lists, and the Department of Home Affairs weighs adverse information in visa and citizenship decisions. The practical damage — a frozen account, a withdrawn offer, a stalled residence file — typically arrives well ahead of anything a prosecutor does.
This article is for informational purposes only and does not constitute legal advice. For advice specific to your situation, please consult a qualified lawyer.
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