Kamil Szubert v Polish Judicial Authority

Kamil Szubert v Polish Judicial Authority

The finding of fugitivity was unassailable and fatal to the s.14 ground; the public interest in extradition decisively outweighs any Article 8 rights interference; there is no reasonably arguable basis for appeal; adjournment is not necessary; fresh evidence is not decisive and will not be admitted.

Parties
Appellant: Kamil Szubert; Respondent: Polish Judicial Authority
Jurisdiction
England and Wales
Judgment Date
31 May 2024
Procedural Posture
Extradition Appeal / Permission to Appeal Hearing
Outcome
permission to appeal refused
Legal Topics
Article 8 ECHR, Fugitivity, Adjournment, Fresh Evidence
Extradition Law Human Rights Law Article 8 ECHR Fugitivity Adjournment Fresh Evidence

Case Brief

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Parties

Kamil Szubert

Appellant

Polish Judicial Authority

Respondent

Procedural Posture

Extradition Appeal / Permission to Appeal Hearing

Legal Issues

  1. 1 Whether the finding of fugitivity was correct
  2. 2 Whether extradition would be a disproportionate interference with Article 8 rights
  3. 3 Whether adjournment was necessary in light of the wife's extradition proceedings

Ratio Decidendi

The finding of fugitivity was unassailable and fatal to the s.14 ground; the public interest in extradition decisively outweighs any Article 8 rights interference; there is no reasonably arguable basis for appeal; adjournment is not necessary; fresh evidence is not decisive and will not be admitted.

Court Disposition

permission to appeal refused

Orders

  • adjournment refused
  • permission to appeal refused