Review under s 21 of the Extradition Act 1988 is a hearing de novo, not limited to error correction. An extradition objection under s 7(b) based on political opinions must be assessed on the premise that the offences were committed (s 19(5)), and requires demonstration of a well-defined political opinion of demonstrable concern to the requesting government, with material of probative value supporting the inference that the extradition request was made because of those opinions. The seriousness of the alleged offences is a powerful factor supporting the inference of legitimate prosecutorial purpose. Statements of conduct need not allocate particular conduct to particular foreign offences; the magistrate's task is to assess whether the described conduct, if it occurred in Australia, would constitute an offence punishable by 12 months' imprisonment or more.
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