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Lopes (claimant/appellant) –v- The Secretary of State for the Home Department & anr (respondent/defendant)

19th May 2021

The claimant appeals the Order of Baker J of 17 September 2020 by which he refused permission for judicial review and refused the Applicant’s application for habeas corpus.

The Applicant is national of Guinea Bissau. The Applicant was convicted of murder and sentenced to life with a minimum tariff of 16 years and 6 days on 14 October 2003. The mandatory custodial part of his life sentence ended on 19 October 2018. He wishes to be removed to Guinea Bissau. On or around 18 December 2002, the Portuguese authorities requested his extradition under the Extradition Act 1989 in relation to alleged crimes committed in 1999.  On 14 July 2004 the Applicant was committed under section 9 of the EA 1989 to await the decision of the Secretary of State as to whether to order the Applicant’s extradition to Portugal.

The Applicant argues that he is eligible for the Tariff Expired Removal Scheme. He applied for TERS on 19 June 2009. He was informed that, as he was the subject of an extradition order, he would be excluded from consideration for removal under the scheme. He has been advised that, if he is granted parole, then extradition could be ordered. The Parole Board has not ordered his release. The Parole Board is expected to take into account unproven criminal allegations as part of their risk assessment, including the alleged crimes committed in Portugal. The Applicant argues that the ongoing extradition proceedings make it less likely he will be released by the Parole Board and consequently less likely that he will be extradited.

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