Tajik, R (on the application of) v The City of Westminster Magistrates' Court & Ors [2012] EWHC 3347 (Admin) (27 November 2012)

Tajik, R (on the application of) v The City of Westminster Magistrates' Court & Ors [2012] EWHC 3347 (Admin) (27 November 2012)

No reasonable cause was shown for the delay in extraditing Mr Tajik after the conclusion of the statutory appeal process, as the requesting state (United States) failed to justify the prolonged delay. Section 118(7) of the Extradition Act 2003 mandates discharge in such circumstances. The District Judge's refusal to discharge was quashed and a mandatory order for discharge was granted.

Citation
[2012] EWHC 3347 (Admin)
Parties
Claimant: Tajik; 1st Defendant: City of Westminster Magistrates' Court; 2nd Defendant: Secretary of State for the Home Department; 3rd Defendant: Government of the United States of America
Jurisdiction
England and Wales
Judgment Date
27 November 2012
Procedural Posture
Judicial Review and Statutory Appeal / Final Judgment in Administrative Court
Outcome
Claimant's application granted; District Judge's decision quashed; mandatory order for discharge issued.
Legal Topics
Extradition Act 2003 S.118, Delay in Extradition Proceedings, Reasonable Cause for Delay, Judicial Review of Extradition Decisions, Article 2 and 3 ECHR, Oppression Due to Passage of Time, Medical Grounds for Resisting Extradition
Extradition Law Administrative Law Human Rights Law Extradition Act 2003 S.118 Delay in Extradition Proceedings Reasonable Cause for Delay Judicial Review of Extradition Decisions Article 2 and 3 ECHR +2 more

Case Brief

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Parties

Tajik

Claimant

City of Westminster Magistrates' Court

1st Defendant

Secretary of State for the Home Department

2nd Defendant

Government of the United States of America

3rd Defendant

Procedural Posture

Judicial Review and Statutory Appeal / Final Judgment in Administrative Court

Legal Issues

  1. 1 Whether delay in extradition was justified under s.118(7) Extradition Act 2003
  2. 2 Whether District Judge erred in refusing discharge under s.118(7)
  3. 3 Whether 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, as the requesting state (United States) failed to justify the prolonged delay. Section 118(7) of the Extradition Act 2003 mandates discharge in such circumstances. The District Judge's refusal to discharge was quashed and a mandatory order for discharge was granted.

Court Disposition

Claimant's application 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
  • Statutory appeal not re-opened