His mother Janis Sharp said outside court:
If Theresa May has got an ounce of compassion she would make her decision now before the Olympics because she has any number of medical reports - these delays are destroying my son's life.
A spokeswoman for the family of Gary McKinnon said they would return to the High Court on Tuesday as they await another a decision from the Home Office on his extradition. They claim that Professor Thomas Fahy who has been appointed to examine McKinnon does not have the correct expertise.
McKinnon's supporters say he will be a suicide risk if he is extradited and the Home Office already has evidence from other experts who have examined him.
The mother of computer hacker Gary McKinnon has said he has refused to undergo a medical examination from an expert appointed by the Home Office. McKinnon is fighting against extradition to the US on charges of computer hacking.
He was diagnosed with Asperger's Syndrome and is claiming that it would be harmful to extradite him. The Home Office has been attempting to examine him to discover whether he can be tried abroad.