Ahsan Ali Syed v Government of Switzerland & Anor

Ahsan Ali Syed v Government of Switzerland & Anor

None of the grounds of appeal are arguable: the extradition request was sufficiently particularised with proper supplementary material; there was no double jeopardy as there was no prosecution or acquittal in Bahrain; passage of time does not make extradition unjust or oppressive; specialty arrangements with Switzerland exist; and the statelessness/Article 8 ground is unarguable and not properly developed.

Parties
Applicant: Ahsan Ali Syed; First Respondent: Government of Switzerland; Second Respondent: Secretary of State for the Home Department
Jurisdiction
England and Wales
Judgment Date
31 July 2024
Procedural Posture
Extradition Appeal (renewed Application for Permission to Appeal) / Oral Renewal Application for Permission to Appeal After Refusal on the Papers
Outcome
Permission to appeal refused
Legal Topics
Extradition Procedure, Dual Criminality, Double Jeopardy, Passage of Time, Specialty Arrangements, Statelessness, Article 8 ECHR
Criminal Law Extradition Law Human Rights Law Extradition Procedure Dual Criminality Double Jeopardy Passage of Time Specialty Arrangements +2 more

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Parties

Ahsan Ali Syed

Applicant

Government of Switzerland

First Respondent

Secretary of State for the Home Department

Second Respondent

Procedural Posture

Extradition Appeal (renewed Application for Permission to Appeal) / Oral Renewal Application for Permission to Appeal After Refusal on the Papers

Legal Issues

  1. 1 Whether the extradition request was sufficiently particularised for dual criminality
  2. 2 Whether extradition is barred by double jeopardy (s 80, EA 2003)
  3. 3 Whether extradition is barred by passage of time (s 82, EA 2003)

Ratio Decidendi

None of the grounds of appeal are arguable: the extradition request was sufficiently particularised with proper supplementary material; there was no double jeopardy as there was no prosecution or acquittal in Bahrain; passage of time does not make extradition unjust or oppressive; specialty arrangements with Switzerland exist; and the statelessness/Article 8 ground is unarguable and not properly developed.

Court Disposition

Permission to appeal refused

Orders

  • Renewed application for permission to appeal refused