Akaroglu v Government of Romania & Anor [2007] EWHC 367 (QB) (01 March 2007)

Akaroglu v Government of Romania & Anor [2007] EWHC 367 (QB) (01 March 2007)

The Secretary of State lawfully certified the Romanian extradition request under s 70 of the Extradition Act 2003, as the documentation as a whole made it clear that the appellant was sought as an accused person. The District Judge had the correct documents and was entitled to send the case to the Secretary of State. Judicial review, not appeal, is the correct remedy for challenging certification, but permission for judicial review was refused as the certification was lawful.

Citation
[2007] EWHC 367 (QB)
Parties
Appellant/claimant: Cuneyit Akaroglu; Respondent/defendant/interested Party: The Government of Romania; Defendant/interested Party: The Secretary of State for the Home Department
Jurisdiction
England and Wales
Judgment Date
01 March 2007
Procedural Posture
Extradition Appeal and Judicial Review Application / Appeal Against Extradition Order and Application for Permission to Apply for Judicial Review
Outcome
Appeal dismissed; permission to apply for judicial review refused.
Legal Topics
Extradition Act 2003, Certification Under S 70, Judicial Review of Certification, Accused Vs Convicted Status in Extradition, Appeal Rights Under Extradition Act
Extradition Law Administrative Law Criminal Law Extradition Act 2003 Certification Under S 70 Judicial Review of Certification Accused Vs Convicted Status in Extradition Appeal Rights Under Extradition Act

Case Brief

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Parties

Cuneyit Akaroglu

Appellant/claimant

The Government of Romania

Respondent/defendant/interested Party

The Secretary of State for the Home Department

Defendant/interested Party

Procedural Posture

Extradition Appeal and Judicial Review Application / Appeal Against Extradition Order and Application for Permission to Apply for Judicial Review

Legal Issues

  1. 1 Whether the Secretary of State lawfully certified the Romanian extradition request under s 70 of the Extradition Act 2003
  2. 2 Whether the documentation established the appellant as an accused or convicted person
  3. 3 Whether judicial review or appeal is the correct remedy for challenging certification

Ratio Decidendi

The Secretary of State lawfully certified the Romanian extradition request under s 70 of the Extradition Act 2003, as the documentation as a whole made it clear that the appellant was sought as an accused person. The District Judge had the correct documents and was entitled to send the case to the Secretary of State. Judicial review, not appeal, is the correct remedy for challenging certification, but permission for judicial review was refused as the certification was lawful.

Court Disposition

Appeal dismissed; permission to apply for judicial review refused.

Orders

  • Appeal against District Judge's decision dismissed.
  • Permission to apply for judicial review of Secretary of State's certification refused.