AC v Polish Judicial Authority [2012] EWHC 3201 (Admin) (14 November 2012)

AC v Polish Judicial Authority [2012] EWHC 3201 (Admin) (14 November 2012)

There was no evidence that the EAW was issued or punishment imposed due to AC's Roma status; family members could care for children; public interest in extradition outweighed interference with Article 8 rights; appeal dismissed.

Citation
[2012] EWHC 3201 (Admin)
Parties
Appellant: AC; Respondent: Polish Judicial Authority
Jurisdiction
England and Wales
Judgment Date
14 November 2012
Procedural Posture
Extradition Appeal / Appeal From District Judge's Order
Outcome
appeal dismissed
Legal Topics
Article 8 ECHR, Discrimination, Extraneous Considerations, Child Welfare
Extradition Human Rights Criminal Law Article 8 ECHR Discrimination Extraneous Considerations Child Welfare

Case Brief

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Parties

AC

Appellant

Polish Judicial Authority

Respondent

Procedural Posture

Extradition Appeal / Appeal From District Judge's Order

Legal Issues

  1. 1 Whether extradition is barred under s.13 Extradition Act 2003 due to discrimination
  2. 2 Whether extradition would disproportionately interfere with Article 8 rights of appellant and her children

Ratio Decidendi

There was no evidence that the EAW was issued or punishment imposed due to AC's Roma status; family members could care for children; public interest in extradition outweighed interference with Article 8 rights; appeal dismissed.

Court Disposition

appeal dismissed

Orders

  • appellant's extradition to Poland ordered