Terrorism suspect Babar Ahmad has launched a High Court move to halt his extradition to the United States, the Judicial Office has confirmed.
Computer expert Ahmad has been held in a UK prison without trial for eight years after being accused of raising funds for terrorism.
He was expected to be sent to the United States within weeks after the European Court of Human Rights ruled on September 24 that extradition would not breach his human rights, or those of four other suspects, including radical Muslim preacher Abu Hamza.
Two judges are expected to hear his application for a judicial review of his case on Tuesday, alongside that of Hamza and another suspect, Khaled al Fawwaz.
Hamza and al Fawwaz have already been granted interim injunctions preventing their removal pending the hearing.
Another one of the five suspects, Adel Abdul Bary, has also lodged an application, which is being considered by a single judge.
Meanwhile, the top prosecutor in England and Wales has refused to consent to the private prosecution of Mr Ahmad and Syed Ahsan.
Director of Public Prosecutions (DPP) Keir Starmer said the documents provided by British businessman Karl Watkin were "very short, lack any meaningful detail and do not provide any real support for a prosecution".
Mr Watkin, a campaigner against the UK's extradition arrangements with the US, made the attempt to bring legal proceedings against the pair in the UK to avoid "outsourcing the country's criminal justice system" to America.
Mr Starmer went on: "The underlying evidence in support of these alleged offences is in the possession of the USA.
"In the circumstances, I have refused to give my consent to Mr Watkin to bring a private prosecution against Mr Ahmad and Mr Ahsan for offences under the Terrorism Act 2000."
Rejecting Mr Watkin's bid for a private prosecution, Mr Starmer said the attempt relied on "two statements and a number of documents".
The DPP's decision "smacks of a determined effort to extradite both these men", Mr Watkin said.
"Yet their case is worlds apart from that of convicted Egyptian terrorist Abu Hamza."
Speaking from Australia, Mr Watkin went on: "The public will decry this decision as it supports a trial of British men thousands of miles from Britain, where the alleged crime was committed simply because in the DPP's opinion, the evidence is too weak to prosecute here."
Mr Ahmad has been in jail without trial since 2004 while fighting extradition and has pleaded to be charged and tried in Britain.
