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Section 121: Asylum claim

Extradition Act 2003 · 2003 c. 41View on legislation.gov.uk

Part 2: Extradition to category 2 territories

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If—

an order is made under this Part for a person to be extradited in pursuance of a request, and
the person has made an asylum claim (whether before or after the making of the request),

the person must not be extradited in pursuance of the request before the asylum claim is finally determined; and sections 117 and 118 have effect subject to this.

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

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

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when the appeal against that decision is finally determined or is withdrawn or abandoned, if there is such an appeal.

An appeal against the Secretary of State's decision on an asylum claim is not finally determined for the purposes of subsection (5) at any time when a further appeal or an application for leave to bring a further appeal—

has been instituted and has not been finally determined or withdrawn or abandoned, or
may be brought.

The remittal of an appeal is not a final determination for the purposes of subsection (6).

The possibility of an appeal out of time with leave must be ignored for the purposes of subsections (5) and (6).

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This legislation text comes from legislation.gov.uk. Contains public sector information licensed under the Open Government Licence v3.0. These source and reuse terms cover the legislation text, not Remedy's commentary.

Reuse reviewed 21 August 2026 under Open Government Licence v3.0.