A bid for a Korean-born New Zealand resident facing murder charges in China to get bail while he awaits extradition has been struck out by the Court of Appeal.
Kyung Yup Kim has been trying to avoid being sent to China since being arrested in New Zealand in June 2010.
In its judgement, the Court of Appeal says it has no jurisdicition to hear the appeal against the District Court's decision to refuse Mr Kim bail.
Mr Kim's lawyer, Tony Ellis, said his client would now have to consider whether he will take it to the Supreme Court to reverse the decision.
He said he would also look at taking the issue to the United Nations' Working Party on Arbitrary Detention.
Mr Ellis said an extradition hearing is set down for September this year.