A man accused of war crimes in Croatia has run out of legal options to fight his extradition after being refused an appeal to the High Court.
Dual Australian-Serbian national Dragan Vasiljkovic, 60, was last year ordered by the Australian government to be extradited to Croatia, almost nine years after the eastern European nation made the request.
Vasiljkovic, also known as Daniel Snedden, applied for leave to appeal the extradition in the High Court in Melbourne on Friday, his final hope in a legal battle he has been fighting since Croatia made the request in January 2006.
In 2013 he won an appeal in the Federal Court but that was overturned by the full bench of the Federal Court in December.
In denying him a High Court appeal on Friday, Justice Kenneth Hayne said an appeal "would not enjoy sufficient chance of success".
Vasiljkovic's lawyers say his final hope now is a change of heart by the Australian government.
The attorney-general's department said it would not comment on operational matters including "the timing or logistics for surrender".
Serbian-born Vasiljkovic is accused of ordering the killing of prisoners of war and leading an assault on a village where civilians were killed during the 1990s Balkan war.
He denies allegations he killed Croatians as a paramilitary commander, known as Captain Dragan, with the Krajina Serbs between 1991 and 1995.
Vasiljkovic's lawyer, Dan Mori, said his client's fate now rests in the hands of Justice Minister Michael Keenan, who has the power to overturn the extradition order.
But he said it was unclear if or when a decision would be made, or when Vasiljkovic might be sent to Croatia to contest the claims.
"This provides (Vasiljkovic) finally, if he does go, the first opportunity to really challenge the actual allegations against him," he said.
Croatian lawyers say the case against Vasiljkovic appears weak, he told reporters.
The Australian government has been asked to ensure Vasiljkovic is granted day for day credit for the almost nine years he has spent in detention in Australia, and that they ensure his safety in Croatia.
Mr Mori said the case highlighted flaws in Australia's extradition laws, which go against the Geneva Convention in not requiring evidence of wrongdoing by Australians overseas before extradition is granted.
Vasiljkovic is detained in Sydney's Parklea prison.
