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1108
Uluslararası Adli İşbirliği
(a) a person whose extradition is requested 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
request.
(2) The relevant period is the period—
(a) starting when a certificate is issued under section 70 in respect of the request;
(b) ending when the person is extradited in pursuance of the request.
(3) 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.
(4) If the Secretary of State allows the asylum claim, the claim is finally determined when he
makes his decision on the claim.
(5) 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(c) when the appeal against that decision is finally determined or is withdrawn or aban-
doned, if there is such an appeal.
(6) An appeal against the Secretary of State’s decision on an asylum claim is not finally deter-
mined for the purposes of subsection (5) 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(a) has been instituted and has not been finally determined or withdrawn or abando-
ned, or
(b) may be brought.
(7) The remittal of an appeal is not a final determination for the purposes of subsection (6).
(8) The possibility of an appeal out of time with leave must be ignored for the purposes of
subsections (5) and (6)
Withdrawal of extradition request
122- Withdrawal of request before end of extradition hearing
(1) This section applies if at any time in the relevant period the appropriate judge is informed
by the Secretary of State that a request for a person’s extradition has been withdrawn.