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Attempts on behalf of the Claimant to make representations
Attempts on behalf of the Claimant to make representations
On 14 March 2024, the Claimant’s representatives contacted Gemma Kelly of the Home Office by telephone, seeking to agree a timeline for making representations under section 179 of the 2003 Act. It was indicated by Ms Kelly that it was not possible to make representations.
Later that day, the SSHD made the Decision. The covering email to the Claimant’s representatives, enclosing the Order, states, so far as material:
“We were contacted by Ben Cooper regarding the possibility of Mr Santos Coelho making representations to the Secretary of State regarding which case should take precedence. I can confirm that the Secretary of State does not and did not in this case accept representations from either party and only considered the statutory criteria in Section 179” (emphasis added)
There was a further request, on 15 March 2024, to make representations on behalf of the Claimant. But this was also refused.
- Heading
- Mr Justice Linden
- The issues for determination
- Summary of my decision
- Outline of the key features of the statutory framework for present purposes
- The facts
- The request for the extradition of the Claimant by the USA
- The decision of the Westminster Magistrates’ Court in relation to the USA’s request for the extradition of the Claimant
- The referral of the Claimant under the National Referral Mechanism
- The Claimant’s appeal against the order for his extradition pursuant to the Request
- The Portuguese arrest warrant
- The order for the extradition of the Claimant pursuant to the Warrant and the Claimant’s second claim for judicial review
- The evidence about the SSHD’s decision on 14 March 2024
- Annex A to the Submission
- The discovery of errors as to Annex B to the Submission and other information which was before the SSHD at the time of the Decision
- The contents of Annex B, so far as is material
- The SSHD’s Order
- Attempts on behalf of the Claimant to make representations
- Ground 1: breach of the duty to act fairly?
- The Claimant’s argument
- The submissions on behalf of Portugal
- The argument on behalf of the SSHD
- The USA’s submissions
- Discussion
- Conclusion on Ground 1
- Ground 2: mistake of fact?
- The arguments of the parties
- Discussion of Ground 2
- Ground 3: failure to take into account relevant considerations
- The arguments of the parties
- Discussion
- Ground 4: breach of section 6 of the Human Rights Act 1998
- The Claimant’s argument
- Discussion and conclusion
- Ground 5: breach of Article 4 ECHR and the ECAT
- Discussion
- Section 31 (2A) of the Senior Courts Act 1981
- The Additional Point
- Discussion
- Conclusions