Wikileaks founder Julian Assange could take his fight against extradition to the US on espionage charges to the UK Supreme Court, judges said on Monday.
The High Court ruled last year that Assange should be sent to America to face trial over the 2010 and 2011 mass leak of military cables and confidential documents.
The 50-year-old activist wants to challenge that decision in the Supreme Court and was on Monday refused leave to appeal by the Lord Chief Justice Lord Burnett of Maldon.
However the judge - sitting with Lord Justice Holroyde - “certified” a point of law that Assange is raising, allowing his lawyers to ask Supreme Court judges directly to take on the case.
“The point of law certified is ‘In what circumstances can an appellate court receive assurances from a requesting state which were not before the court of first instance in extradition proceedings.”
Two further points of law raised by Assange’s legal team were dismissed.
It now falls to the Supreme Court to decide whether Assange’s case is of sufficient importance to the law that it must be heard.
District Judge Vanessa Baraitser originally ruled that Assange could not be sent for trial as he would be at risk of suicide while held in a US prison.
High Court judges overturned that ruling, saying the American authorities should have been given the chance to make assurances over his safety at the original hearing.
They criticised Judge Baraitser for not allowing the US to put forward its promises, including that Assange would not be held at a notorious “super-max” prison, before making her final decision.
Assange has also said he will appeal against other parts of Judge Baraitser’s ruling that he was defeated on, even if his Supreme Court challenge fails.
Assange is currently being held at HMP Belmarsh while extradition proceedings are ongoing. He was not present in court for Monday’s hearing.
The case relates to documents published by Wikileaks relating to the Iraq and Afghan wars as well as detainees at Guantanamo Bay.
