Extradition Act 2003

39 Asylum claim

(1) This section applies if—

(a) a person in respect of whom a Part 1 warrant is issued makes an asylum claim at any time in the relevant period;

(b) an order is made under this Part for the person to be extradited in pursuance of the warrant.

(2) The relevant period is the period—

(a) starting when a certificate is issued under section 2 in respect of the warrant;

(b) ending when the person is extradited in pursuance of the warrant.

(3) The person must not be extradited in pursuance of the warrant before the asylum claim is finally determined; and sections 35, 36, 47 and 49 have effect subject to this.

(4) Subsection (3) is subject to section 40.

(5) If the Secretary of State allows the asylum claim, the claim is finally determined when he makes his decision on the claim.

(6) If the Secretary of State rejects the asylum claim, the claim is finally determined—

(a) when the Secretary of State makes his decision on the claim, if there is no right to appeal against the Secretary of State’s decision on the claim;

(b) when the period permitted for appealing against the Secretary of State’s decision on the claim ends, if there is such a right but there is no such appeal;

(c) when the appeal against that decision is finally determined or is withdrawn or abandoned, if there is such an appeal.

(7) An appeal against the Secretary of State’s decision on an asylum claim is not finally determined for the purposes of subsection (6) at any time when a further appeal or an application for leave to bring a further appeal—

(a) has been instituted and has not been finally determined or withdrawn or abandoned, or

(b) may be brought.

(8) The remittal of an appeal is not a final determination for the purposes of subsection (7).

(9) The possibility of an appeal out of time with leave must be ignored for the purposes of subsections (6) and (7).