Alleged Nazi war criminal Charles Zentai will learn if his latest appeal to avoid extradition to Hungary has been successful when the full bench of the Federal Court hands down a judgment in the long running case on Thursday.

The Republic of Hungary alleges Zentai was one of three men who tortured Jewish teenager Peter Balazs in Budapest in November 1944, causing his death.

A warrant was issued for his arrest in 2005 but Zentai has always maintained his innocence and fought against his extradition.

Last year magistrate Barbara Lane ruled Zentai was eligible to be extradited to face the charge.

Zentai's lawyers appealed the decision in the Federal Court but it was upheld by Justice John Gilmour in March.

Zentai's lawyers took the legal fight to the full bench of the Federal Court in August, arguing the crime was not an offence when it was allegedly committed.

His son Ernie Steiner said a letter from a Hungarian military official shows clearly there are no criminal proceedings against his father and they only want to question him, which could be done in Australia.

Mr Steiner said legal bills in the case had amounted to about $130,000 and his ailing father, who has heart conditions, has only the last of his life savings left.

He said after the August appeal hearing the family would be unlikely to take the case to the High Court despite previously vowing to fight it all the way.

Attorney-General Robert McClelland has the final say on Zentai's extradition if the appeal is unsuccessful.

Mr McClellend has delegated the decision to Home Affairs Minister Brendan O'Connor, who has already invited submissions on the matter.

If the appeal is unsuccessful Zentai will be held in custody awaiting the decision.

news.yahoo.com