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The appellant challenged his detention pending extradition to the United States, seeking both constitutional relief and a writ of habeas corpus. The Court of Appeal confirmed that no appeal lay against the Full Court’s refusal to grant habeas corpus, but found that the separate constitutional challenge had remained a live issue and had not been expressly abandoned. Since the judges below had mistakenly treated that claim as abandoned, they had made no judicial determination of the alleged infringement of the appellant’s constitutional rights. The matter was therefore remitted to the Full Court for determination of the constitutional application.