Marcinkowski v District Court in Plock [2012] EWHC 2019 (Admin) (29 June 2012)

Marcinkowski v District Court in Plock [2012] EWHC 2019 (Admin) (29 June 2012)

There was no evidence of an asylum claim or exceptional circumstances under Article 8; the interference with family life was not exceptionally severe and did not justify refusing extradition.

Source-derived case information.

Citation
[2012] EWHC 2019 (Admin)
Parties
Appellant: Marcinkowski; Respondent: District Court in Plock
Jurisdiction
England and Wales
Judgment Date
29 June 2012
Procedural Posture
Extradition Appeal / Appeal Against Extradition Order
Outcome
Appeal dismissed
Legal Topics
Extradition Under European Arrest Warrant, Article 8 ECHR Right to Family and Private Life, Asylum Claims in Extradition Proceedings
Criminal Law Human Rights Law Extradition Law Extradition Under European Arrest Warrant Article 8 ECHR Right to Family and Private Life Asylum Claims in Extradition Proceedings

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Parties

Marcinkowski

Appellant

District Court in Plock

Respondent

Procedural Posture

Extradition Appeal / Appeal Against Extradition Order

Legal Issues

  1. 1 Whether extradition would be incompatible with Article 8 ECHR rights to family and private life
  2. 2 Whether an unsubstantiated asylum claim justifies adjournment of extradition proceedings

Ratio Decidendi

There was no evidence of an asylum claim or exceptional circumstances under Article 8; the interference with family life was not exceptionally severe and did not justify refusing extradition.

Court Disposition

Appeal dismissed

Orders

  • Extradition order stands
  • No adjournment granted