![AC-2024-LON-001762 - [2025] EWHC 2293 (Admin)](https://backend.juristeca.com/files/emisores/logo_fi51A75.png){kind=logo}
The facts
The facts
Background
The Claimant was born in Portugal. In 2009, at the age of 9, he moved from Portugal to the United Kingdom with his parents and his half-sister. The Claimant’s evidence is that he had an unstable home life and witnessed domestic violence by his father towards his mother. His school attendance was poor, as a result of which his father was prosecuted by the local authority and convicted. He did not obtain any GCSEs.
In November 2016, aged 16, the Claimant was taken back to Portugal by his father to live there, after his parents separated. His mother remained in the United Kingdom. She was suffering from Huntingdon’s disease from which she died on 31 March 2024.
- 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