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

Fecha: 11-Sep-2025

Summary of my decision

Summary of my decision

12.

For the reasons set out below I have decided to:

give permission on Grounds 1 and 2 and allow the Claim on these Grounds;

ii)

give permission in part on Ground 3 and allow the Claim on this Ground in part;

iii)

refuse permission on Grounds 4 and 5;

iv)

reject the Additional Point;

refuse the Claimant’s application to rely on additional evidence dated 20 June 2025, save for the report of Henrique Salinas dated 11 June 2025;

vi)

refuse the Claimant’s application to rely on additional evidence dated 1 July 2025.

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