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Extradition & Interpol Red Notice in Australia

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.

Extradition & Interpol Red Notice in Australia

The short version for Australia, before the detail below.

QuestionPosition
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

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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.

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:

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:

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”.

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:

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:

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!

Dr. Anatoliy Yarovyi
Dr. Anatoliy Yarovyi
Senior Partner
Phone:
+357 25 059 684
Email:
info@rednoticelawyers.com

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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?

Through a data access request to the Commission for the Control of INTERPOL’s Files. That is the only route that produces an authoritative answer: only a portion of Red Notices are published on INTERPOL’s public site and diffusions never appear there, so a blank search rules nothing out. Our CCF application service covers how the request is framed.

On what grounds can an alert involving Australia be challenged?

The grounds come from INTERPOL’s own rules rather than national law: a political, military, religious or racial character to the case; a serious risk to fundamental rights; a matter that is really civil or commercial; a case already tried or acquitted; recognised refugee status; no valid judicial basis; an offence below the seriousness threshold; or inaccurate or outdated data. Each has to be evidenced, because the CCF decides on documents alone — see Red Notice removal.

Should the alert or the underlying case be attacked first?

Usually both, in parallel. A CCF challenge addresses the INTERPOL data; attacking the warrant or prosecution in the requesting state attacks the foundation the alert stands on, and success there often removes the basis for the notice altogether. Running only one side is the most common reason cases drift for years — see international arrest warrants.

Can an alert affect banking, work or residence in Australia?

Frequently, and often before anything happens in a criminal court. Compliance screening, employer checks and residence or visa processes can all surface an alert. That is also why an application should ask for the whole data set to be addressed and for written confirmation of what was deleted, rather than just for the notice to be cancelled — residual data is what causes problems to recur.

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