R (on the application of Harkins) v Secretary Of State For The Home Department

Extradition – Extradition order. The Divisional Court considered the circumstances in which a decision of the European Court of Human Rights (the ECtHR) entitled a person subject to an extradition order to challenge that decision again after challenges had been rejected by the Divisional Court and the ECtHR. It held that permission to make the application was needed and then there would be consideration of whether the tests for re-opening had been fulfilled. If those tests were satisfied, the merits of whether or not the final decision had been wrong in the light of the changed circumstances should be considered.

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