Andrejs Gurskis v Latvian Judicial Authority

Andrejs Gurskis v Latvian Judicial Authority

The District Judge's assessment that extradition would not be a disproportionate interference with Article 8 rights was correct; new evidence was not decisive, Brexit uncertainty does not materially alter the balance, and the public interest in extradition outweighs the interference with family life.

Parties
Appellant: Andrejs Gurskis; Respondent: Latvian Judicial Authority
Jurisdiction
England and Wales
Judgment Date
27 May 2022
Procedural Posture
Extradition Appeal / Judgment on Appeal
Outcome
appeal dismissed
Legal Topics
Extradition, ECHR Article 8, Immigration Consequences, Public Interest, Proportionality
Criminal Law Human Rights Law Extradition Law Extradition ECHR Article 8 Immigration Consequences Public Interest Proportionality

Case Brief

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Parties

Andrejs Gurskis

Appellant

Latvian Judicial Authority

Respondent

Procedural Posture

Extradition Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether extradition would be a disproportionate interference with Article 8 ECHR rights
  2. 2 Impact of Brexit and immigration rules on Article 8 assessment
  3. 3 Admissibility and effect of new evidence post-extradition hearing

Ratio Decidendi

The District Judge's assessment that extradition would not be a disproportionate interference with Article 8 rights was correct; new evidence was not decisive, Brexit uncertainty does not materially alter the balance, and the public interest in extradition outweighs the interference with family life.

Court Disposition

appeal dismissed

Orders

  • Extradition order stands
  • No delay of surrender pending settlement status application