AC v A Swedish Judicial Authority

AC v A Swedish Judicial Authority

Fresh evidence demonstrates a fundamental change in circumstances regarding care arrangements for the applicant's children, making extradition a disproportionate interference with their Article 8 rights. The DJ's decision was heavily dependent on the aunt's ability to care for the children, which is no longer possible. Relocation to Mongolia or Sweden would cause significant psychological and educational harm, and there is no realistic alternative care arrangement in the UK.

Parties
Applicant: AC; Respondent: A Swedish Judicial Authority
Jurisdiction
England and Wales
Judgment Date
28 November 2019
Procedural Posture
Appeal Under S.26 of the Extradition Act 2003 / Permission to Appeal and Substantive Hearing
Outcome
Appeal allowed; extradition order quashed
Legal Topics
Article 8 ECHR, Best Interests of Children, Fresh Evidence, Proportionality, Delay in Extradition Proceedings
Extradition Human Rights Article 8 ECHR Best Interests of Children Fresh Evidence Proportionality Delay in Extradition Proceedings

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Parties

AC

Applicant

A Swedish Judicial Authority

Respondent

Procedural Posture

Appeal Under S.26 of the Extradition Act 2003 / Permission to Appeal and Substantive Hearing

Legal Issues

  1. 1 Whether extradition would be a disproportionate interference with Article 8 ECHR rights of the applicant and her children
  2. 2 Whether fresh evidence demonstrates a material change in circumstances affecting the care arrangements for the applicant's children

Ratio Decidendi

Fresh evidence demonstrates a fundamental change in circumstances regarding care arrangements for the applicant's children, making extradition a disproportionate interference with their Article 8 rights. The DJ's decision was heavily dependent on the aunt's ability to care for the children, which is no longer possible. Relocation to Mongolia or Sweden would cause significant psychological and educational harm, and there is no realistic alternative care arrangement in the UK.

Court Disposition

Appeal allowed; extradition order quashed

Orders

  • Permission to appeal granted
  • Order for extradition quashed pursuant to s.27(1) and (5) Extradition Act 2003