The home secretary has turned down a request for an early decision on whether to proceed with the extradition of Nasa hacker Gary McKinnon.
A High Court review will take place at the end of November, should Theresa May decide to proceed with the case.
Kaim Todner Solicitors, acting for McKinnon, confirmed that May is now expected to make an announcement on his fate around 16 October.
“Should the decision from the home secretary not be in Mr McKinnon's favour, the High Court have fixed the case for hearing on 28 and 29 November 2012,” the solicitors said in a statement.
The McKinnon family had been pressing for an early decision given the continued strain the case has placed on the self-confessed hacker, who suffers from Asperger's Syndrome.
The US is seeking McKinnon's extradition in connection with charges of hacking military computer systems. McKinnon has long admitted responsibility but insisted he was looking for evidence about UFOs, rather than trying to cause damage.
Several medical experts have subsequently argued that McKinnon should not be extradited on medical grounds.
Earlier this year, McKinnon's legal team rejected the Home Office's request for a new medical evaluation after arguing that the examiner proposed lacked the experience to make a satisfactory assessment of his condition.
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