Part 1

Extradition to category 1 territories

Time for extradition

Asylum claim
39
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when the appeal against that decision is finally determined or is withdrawn or abandoned, if there is such an appeal.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has been instituted and has not been finally determined or withdrawn or abandoned, or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).