CODE 18-77
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Reference..
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From: Mr N D Parker Assistant Legal Adviser K 275 270 3067
Date: 22 May 1992
CC:
Miss S Brooks, Legal
Counsellor
Mr Yaghmourian, SEAD
Mr Woodrow
HKD
OSMAN : HABEAS CORPUS NO 7 AND APPLICATION FOR JUDICIAL REVIEW
1.
Behind this minute is a copy of the judgment of the Divisional Court in Osman's seventh habeas corpus application and linked application for judicial review. The FCO was involved in the habeas corpus application (HC No 7) but not the judicial review application. It would therefore be worthwhile reading at least the passages from pages 7E to 10A and from 26A to 29 (which deal with the "Jalil documents") which the judicial review application was based.
2. Osman was refused leave by the Divisional Court to appeal to the House of Lords but the Divisional Court did certify a point of law of general public importance about the duty of disclosure in extradition cases. Osman has sought leave to appeal directly to the House of Lords and their decision is likely to be handed down next week. Osman has a better chance of success than in his previous attempts to appeal to the House of Lords but it is still quite likely that he will fail. If the House of Lords do reject his application, he will almost certainly issue an eigth application for a writ of habeas corpus immediately. It remains to be seen whether any new application will require FCO involvement
3. The Attorney General has been asked to consider bringing an application to have Osman declared a vexatious litigant. I understand that the Attorney General has not yet decided the matter but the indications are that he is unlikely to agree to make such an application.
Nigel Parker
ND Parker
Assistant Legal Adviser
HKD 384/1
23
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