Marcin Cwiklinski v Polish Judicial Authority

Marcin Cwiklinski v Polish Judicial Authority

The judge found that all relevant factors, including the appellant's age at offending, subsequent conduct, family life, and the impact of extradition, were properly weighed by the District Judge. The passage of time was attributable to the appellant's fugitivity. The public interest in extradition, including avoiding safe havens for fugitives, outweighed the Article 8 rights. There was no realistic prospect of success on appeal.

Parties
Appellant: Marcin Cwiklinski; Respondent: Polish Judicial Authority
Jurisdiction
England and Wales
Judgment Date
11 October 2024
Procedural Posture
Extradition Appeal / Permission to Appeal (renewed Oral Application)
Outcome
permission to appeal refused
Legal Topics
Article 8 ECHR, Fugitivity, Public Interest in Extradition, Family Life, Balancing Exercise
Extradition Law Human Rights Law Article 8 ECHR Fugitivity Public Interest in Extradition Family Life Balancing Exercise

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Parties

Marcin Cwiklinski

Appellant

Polish Judicial Authority

Respondent

Procedural Posture

Extradition Appeal / Permission to Appeal (renewed Oral Application)

Legal Issues

  1. 1 Whether extradition would breach Article 8 ECHR rights of the appellant, his partner, and her child
  2. 2 Whether the District Judge erred in the balancing of public interest and private rights

Ratio Decidendi

The judge found that all relevant factors, including the appellant's age at offending, subsequent conduct, family life, and the impact of extradition, were properly weighed by the District Judge. The passage of time was attributable to the appellant's fugitivity. The public interest in extradition, including avoiding safe havens for fugitives, outweighed the Article 8 rights. There was no realistic prospect of success on appeal.

Court Disposition

permission to appeal refused

Orders

  • Permission to appeal is refused.