DF v Amtsgericht Nürnberg, Germany

DF v Amtsgericht Nürnberg, Germany

The High Court found that the District Judge was wrong to conclude that extradition would not be oppressive under section 14 of the Extradition Act 2003 and not disproportionate under Article 8 ECHR. The substantial and unexplained delay, the exceptionally severe impact on the appellant's sister's four disabled children, and the lack of evidence that the family or local authority could replace the appellant's care meant that extradition would be oppressive and disproportionate. The appeal was allowed and the appellant discharged.

Parties
Appellant: DF; Respondent: Amtsgericht Nürnberg, Germany
Jurisdiction
England and Wales
Judgment Date
25 August 2022
Procedural Posture
Extradition Appeal / High Court Appeal From District Judge's Extradition Order
Outcome
appeal allowed; appellant discharged
Legal Topics
Oppression by Reason of Passage of Time, Article 8 ECHR (right to Private and Family Life), Admissibility of Fresh Evidence, Proportionality in Extradition, Delay in Prosecution
Extradition Law Human Rights Law Oppression by Reason of Passage of Time Article 8 ECHR (right to Private and Family Life) Admissibility of Fresh Evidence Proportionality in Extradition Delay in Prosecution

Case Brief

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Parties

DF

Appellant

Amtsgericht Nürnberg, Germany

Respondent

Procedural Posture

Extradition Appeal / High Court Appeal From District Judge's Extradition Order

Legal Issues

  1. 1 Whether extradition would be oppressive under section 14 of the Extradition Act 2003 due to the passage of time
  2. 2 Whether extradition would be a disproportionate interference with the Article 8 ECHR rights of the appellant and his family
  3. 3 Whether the District Judge erred in his assessment of the evidence and application of legal principles

Ratio Decidendi

The High Court found that the District Judge was wrong to conclude that extradition would not be oppressive under section 14 of the Extradition Act 2003 and not disproportionate under Article 8 ECHR. The substantial and unexplained delay, the exceptionally severe impact on the appellant's sister's four disabled children, and the lack of evidence that the family or local authority could replace the appellant's care meant that extradition would be oppressive and disproportionate. The appeal was allowed and the appellant discharged.

Court Disposition

appeal allowed; appellant discharged

Orders

  • DF is discharged; extradition order quashed