Australia has agreed to send a father-of-six and citizen into the Trump-led US justice system on allegations he unlawfully helped China, devastating his family on the eve of Christmas.
Daniel Duggan faces up to 60 years in prison for allegedly training Chinese military personnel in South Africa after leaving the US Marine Corps.
Federal Attorney-General Mark Dreyfus on Monday confirmed he has approved extradition, long fought by the Australian citizen of 12 years.
Duggan had made a last-ditch attempt to avoid prosecution in the US, sending an 89-page submission to Mr Dreyfus after a NSW magistrate ruled in May he was eligible for extradition.
Charges and an indictment were first filed in a sealed court case in 2017 under the first Trump administration.
But Australian authorities did not arrest Duggan until 2022, as he walked through a supermarket car park in regional NSW.
Extradition is expected to take place between January 1 and February 17 after the family said it received an undertaking it would not occur in the days around Christmas.
Duggan's high-profile lawyer Bernard Collaery said he expected the Albanese government to respect the lives of all concerned and ensure no sudden action was taken.
"Perhaps Australia’s Ambassador to the United States Mr Kevin Rudd could convey the same message to the (incoming second) Trump Administration," he said.
"This is now family time."
The Duggan family said it had been devastated since being told about the extradition approval on Friday.
"We are shocked and absolutely heartbroken by this callous and inhumane decision which has been delivered just before Christmas with no explanation or justification from the government," wife Saffrine Duggan said in a statement.
"We are now considering our options.
"It is very difficult to explain to the children why this is happening to their father, especially now, at this time of year."
Mr Dreyfus declined to comment on the timing of the extradition or its approval, citing longstanding practice and to ensure the safety of all people involved.
"Mr Duggan was given the opportunity to provide representations as to why he should not be surrendered to the United States," he said in a statement.
"In arriving at my decision, I took into consideration all material in front of me."
Duggan was arrested in Australia in October 2022 after being accused of breaching US arms-trafficking laws by providing military training to Chinese pilots in South Africa between 2010 and 2012.
He had worked part-time as a flying instructor during the relevant period.
In a letter from prison in May, Duggan said he believed his activities were not illegal and the Australian Security Intelligence Organisation (ASIO) and the US Naval Central Intelligence Service knew of his work.
He claimed ASIO agents brought up being able to meet Chinese generals and the topic of intelligence in a 2012 interview, leading to him believe they were trying to recruit him as a spy.
ASIO said it was unable to comment because the matter was before the court.
The domestic spy agency and its watchdog have previously dismissed Duggan's claims of potential illegality in the lead-up to his arrest.
