
Countries With No Extradition Treaty With Australia (2026 Guide)
In practice, the answer is more technical: a country may have no bilateral extradition treaty with Australia, yet Australia may still seek surrender through domestic law, Commonwealth arrangements, inherited UK-era treaties, multilateral conventions, or ad hoc diplomacy. In this guide, you will find a practical country table, a short explanation of how extradition works, and clear answers to the most searched questions.
What Is Extradition and How Does It Work?
Extradition is the formal process by which one country surrenders a person to another country for prosecution or to serve a sentence. In Australia, the core framework is the Extradition Act 1988 (Cth). The Attorney-General’s Department states that treaty terms may supplement the Act, but the Act remains the foundation of incoming and outgoing requests.
A simple way to view the process is:
- Australia issues or relies on a valid domestic warrant.
- A request is sent to the foreign state, often with supporting material.
- The foreign state applies its own law and any relevant treaty or arrangement.
- Courts and executive authorities decide whether surrender is legally permitted.
Crucially, Australia can request extradition from any country. Where there is no treaty, the requested state decides under its own domestic law whether to cooperate. That is why “no treaty” does not automatically mean “no extradition”.
Australia’s Extradition Laws and Treaties
Australia’s official extradition page is maintained by the Attorney-General’s Department. It explains that Australia may only accept requests from countries declared as extradition countries under Australian regulations, and it groups Australia’s extradition relationships into five broad categories: bilateral treaties, multilateral treaties, London Scheme partners, inherited UK treaties, and regulation-based relationships.
Official source: Attorney-General’s Department extradition page.
As of the Attorney-General’s Department’s October 2026 list, Australia has 40 bilateral extradition treaties. That list includes the United States, India, Indonesia, South Africa, the United Arab Emirates, and Vietnam. So some older web pages that still label the UAE or Vietnam as “non-extradition countries” are now outdated.
Countries With No Extradition Treaty With Australia
Countries with no bilateral extradition treaty currently in force with Australia. These jurisdictions are not on the Attorney-General’s Department’s bilateral treaty list. That does not always mean Australia has no other extradition path.
| Country | Region | Bilateral extradition treaty with Australia? | Notes |
|---|---|---|---|
| China | East Asia | No | Treaty signed in 2007 never entered into force; parliamentary process lapsed |
| Russia | Eastern Europe / Eurasia | No | No AGD-listed bilateral treaty |
| North Korea | East Asia | No | No diplomatic normalisation; no AGD-listed treaty |
| Saudi Arabia | Middle East | No | No AGD-listed bilateral treaty |
| Qatar | Middle East | No | No AGD-listed bilateral treaty |
| Bahrain | Middle East | No | No AGD-listed bilateral treaty |
| Oman | Middle East | No | No AGD-listed bilateral treaty |
| Kuwait | Middle East | No | No AGD-listed bilateral treaty |
| Iran | Middle East | No | No AGD-listed bilateral treaty |
| Syria | Middle East | No | No AGD-listed bilateral treaty |
| Yemen | Middle East | No | No AGD-listed bilateral treaty |
| Ethiopia | East Africa | No | No AGD-listed bilateral treaty |
| Eritrea | East Africa | No | No AGD-listed bilateral treaty |
| Somalia | East Africa | No | No AGD-listed bilateral treaty |
| Sudan | North-East Africa | No | No AGD-listed bilateral treaty |
| South Sudan | East Africa | No | No AGD-listed bilateral treaty |
| Algeria | North Africa | No | No AGD-listed bilateral treaty |
| Tunisia | North Africa | No | No AGD-listed bilateral treaty |
| Morocco | North Africa | No | No AGD-listed bilateral treaty |
| Belarus | Eastern Europe | No | No AGD-listed bilateral treaty |
| Moldova | Eastern Europe | No | No AGD-listed bilateral treaty |
| Mongolia | East Asia | No | No AGD-listed bilateral treaty |
| Nepal | South Asia | No | No AGD-listed bilateral treaty |
| Laos | South-East Asia | No | No AGD-listed bilateral treaty |
| Myanmar | South-East Asia | No | No AGD-listed bilateral treaty |
This list is best read as a bilateral-treaty gap list, not a promise of immunity. Australia also has regulation-based extradition relationships with countries such as Canada, Japan, Jordan, Lebanon and Thailand, even though those states are not on the bilateral treaty list. It also has inherited UK treaties with countries including Cuba, Iraq and Peru, plus non-binding London Scheme arrangements across many Commonwealth states.
Countries With No Extradition – By Region
Asia: China, North Korea, Mongolia, Nepal, Laos and Myanmar are frequent search targets because they are outside Australia’s bilateral treaty list.
Middle East: Saudi Arabia, Qatar, Bahrain, Oman, Kuwait, Iran, Syria and Yemen do not appear on the bilateral treaty list. By contrast, the UAE does appear on that list, so it should not be grouped here in 2026.
Africa: Ethiopia, Eritrea, Somalia, Sudan, South Sudan, Algeria, Tunisia and Morocco are examples of countries without a bilateral extradition treaty with Australia on the current AGD list.
Europe / Eurasia: Russia, Belarus and Moldova are common examples. Cuba, however, is different: it has an inherited UK treaty recognised by Australia, so it is not a clean “non-extradition” example.
Does No Treaty Mean You’re Safe?
No. Australia’s Attorney-General’s Department expressly says Australia can make an extradition request to any country; where no treaty exists, the result depends on the requested country’s own law. Interpol Red Notices can also be used to seek location and provisional arrest pending extradition or similar action, although Interpol makes clear that a Red Notice is not an international arrest warrant.
China is a useful example of the legal nuance. Australia and China signed an extradition treaty in 2007, but the parliamentary process later lapsed and the treaty never entered into force. Parliamentary materials nevertheless discussed extradition possibilities outside a treaty framework.
What Is the Best Non-Extradition Country?
There is no objective “best” country, and it would be misleading to frame this as a safe planning question. Russia, China and Mongolia are often mentioned online because they are not on Australia’s bilateral treaty list, but the real issue is enforcement risk, immigration status, financial restrictions, movement limits, and the possibility of arrest during onward travel.
Will Australia Extradite To or From the US?
Yes. The United States is on Australia’s bilateral extradition treaty list maintained by the Attorney-General’s Department, and the official Australian extradition page uses the US as its example of the process.
The safest and most accurate answer is this: many countries do not have a bilateral extradition treaty with Australia, but that does not automatically make them “non-extradition countries”. Australia’s system includes treaties, regulations, inherited arrangements, Commonwealth mechanisms and ad hoc requests. Any real-world case turns on both Australian law and the law of the requested state. This article is informational only, not legal advice.
FAQ
What countries have no extradition treaty with Australia?
Many countries are outside Australia’s bilateral treaty list, including Russia, China, Saudi Arabia, Qatar, Iran and Mongolia. But that is not the same thing as saying Australia can never seek surrender from them.
Can Australia extradite someone without a treaty?
Yes. Australia can make a request to any country, and the requested state decides whether its own law allows cooperation.
Will Australia extradite to the US?
Yes. The US is on Australia’s bilateral extradition treaty list.
Does China extradite to Australia?
There is no bilateral treaty in force. The Australia-China extradition treaty was signed but never entered into force after the parliamentary process lapsed.
Is the UAE a non-extradition country for Australia?
No, not under the current official list. The UAE is expressly listed as a bilateral extradition partner of Australia.
Is a Red Notice the same as extradition?
No. Interpol says a Red Notice is a request to locate and provisionally arrest; it is not an international arrest warrant.



