Tajik, R (on the application of) v The City of Westminster Magistrates' Court & Ors

Tajik, R (on the application of) v The City of Westminster Magistrates' Court & Ors

No reasonable cause was shown for the delay in extraditing Mr Tajik after the conclusion of the statutory appeal process; the unexplained delay attributable to the United States' failure to respond to the United Kingdom's request for withdrawal of the extradition request was not justified under s.118(7). The District Judge's refusal to discharge was quashed and a mandatory order for discharge was made.

Parties
Claimant: The Queen on the Application of Tajik; 1st Defendant: The City of Westminster Magistrates’ Court; 2nd Defendant: The Secretary of State for the Home Department; 3rd Defendant: The Government of the United States of America
Jurisdiction
England and Wales
Judgment Date
27 November 2012
Procedural Posture
Judicial Review and Statutory Appeal (extradition) / Judgment After Hearing of Consolidated Judicial Review, Application to Re Open Statutory Appeal, and S.118 Discharge Application
Outcome
Application for judicial review granted; District Judge's decision quashed; mandatory order for discharge issued.
Legal Topics
Delay in Extradition, Reasonable Cause for Delay, Section 118 Extradition Act 2003, Judicial Review of Extradition Decisions, Article 2 and 3 ECHR, Oppression Due to Delay, Medical Grounds for Resisting Extradition
Extradition Law Administrative Law Human Rights Law Delay in Extradition Reasonable Cause for Delay Section 118 Extradition Act 2003 Judicial Review of Extradition Decisions Article 2 and 3 ECHR +2 more

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Parties

The Queen on the Application of Tajik

Claimant

The City of Westminster Magistrates’ Court

1st Defendant

The Secretary of State for the Home Department

2nd Defendant

The Government of the United States of America

3rd Defendant

Procedural Posture

Judicial Review and Statutory Appeal (extradition) / Judgment After Hearing of Consolidated Judicial Review, Application to Re Open Statutory Appeal, and S.118 Discharge Application

Legal Issues

  1. 1 Whether delay in extradition of Mr Tajik was justified under s.118(7) Extradition Act 2003
  2. 2 Whether the District Judge erred in refusing discharge under s.118(7)
  3. 3 Whether the statutory appeal should be re-opened under CPR 52.17

Ratio Decidendi

No reasonable cause was shown for the delay in extraditing Mr Tajik after the conclusion of the statutory appeal process; the unexplained delay attributable to the United States' failure to respond to the United Kingdom's request for withdrawal of the extradition request was not justified under s.118(7). The District Judge's refusal to discharge was quashed and a mandatory order for discharge was made.

Court Disposition

Application for judicial review granted; District Judge's decision quashed; mandatory order for discharge issued.

Orders

  • District Judge to order Mr Tajik's discharge pursuant to s.118(7) Extradition Act 2003
  • Application to re-open statutory appeal refused