THE Rudd government was fulfilling its international obligations when it ruled last year that accused war criminal Charles Zentai could be extradited to Hungary, a court has been told.

Defending Home Affairs Minister Brendan O'Connor's ruling last November, his lawyer, Jeremy Allanson SC, told the Federal Court yesterday the decision was in accordance with Australia's extradition treaty with Hungary.

"This is a matter of international obligation," he said. "It's a matter of Australia being consistent with the treaty."

Mr Zentai is appealing to judge Neil McKerracher to either quash Mr O'Connor's decision or refer his case back to the Home Affairs Minister so discretionary factors such as his nationality and age could be considered.

Mr Allanson told the court yesterday that Mr O'Connor had been told of these factors, including that Mr Zentai was an Australian citizen and had a "meaningful connection" to Australia.

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But Mr Allanson said Mr Zentai's citizenship did not "stand in the way" of Mr O'Connor granting Hungary's request if he deemed extradition to be justified.

Extradition proceedings against Mr Zentai began five years ago when Hungary issued an arrest warrant over allegations he participated in the murder of Jewish teenager Peter Balazs on November 8, 1944.

The Perth man denies involvement, saying he was not in Budapest at the time.

theaustralian.com.au