AC-2024-LON-001762 - [2025] EWHC 2293 (Admin)

The Claimant, who is a 25 year old Portuguese national, is currently the subject of two extradition claims. The first is a request which was made by the Government of the United States of America (“the USA”) on 23 March 2022 (“the Request”) and certified by the Defendant (“the SSHD”) on 31 March 2022 under Part 2 of the Extradition Act 2003. The second is an arrest warrant which was issued by the Regional Department of Investigations, Porto, (“Portugal”) on 14 February 2024 (“the Warrant”) and certified by the National Crime Agency on 27 February 2024 under Part 1 of the 2003 Act. Both the Request and the Warrant seek his extradition to stand trial on charges which substantially overlap in terms of the offending to which they relate.

On 28 July 2023, an order for the extradition of the Claimant to the USA pursuant to the Request was made by the SSHD, although his extradition is currently the subject of an appeal to the High Court which was stayed pending the outcome of these judicial review proceedings (“the Claim”) by order of Julian Knowles J dated 6 June 2024. On 6 March 2024, the Claimant gave consent for his extradition to Portugal pursuant to the Warrant and the Westminster Magistrates’ Court ordered his extradition to Portugal although this order was quashed, also by consent, by order of Choudhury J on 20 June 2025.

In the meantime, on 14 March 2024, the SSHD decided, pursuant to section 179(2) of the Extradition Act 2003, to defer proceedings on the Warrant until the Request has been disposed of. It is this decision (“the Decision”) which the Claimant, whose preference is to be extradited to Portugal rather than the USA, challenges.

The Claim Form was filed on 24 May 2024. On 19 December 2024, Choudhury J ordered a rolled up hearing of the Claimant’s application for permission with the determination of the Claim to follow immediately if permission were granted.