Nayanmoni Deb v Greek Judicial Authority

Nayanmoni Deb v Greek Judicial Authority

The risk of irreversible and severe damage to the interests of the appellant's children if he is extradited is only moderate and considerably less than even; the mother has choices and is likely to arrange care. The seriousness of the offence and public interest in extradition outweigh the Article 8 rights of the appellant and his children. Delay does not bar extradition as it was not of the authorities' making. Appeal dismissed.

Parties
Appellant: Nayanmoni Deb; Respondent: Greek Judicial Authority
Jurisdiction
England and Wales
Judgment Date
16 May 2024
Procedural Posture
Extradition Appeal / Judgment on Appeal
Outcome
appeal dismissed
Legal Topics
Extradition, Article 8 ECHR, Delay in Extradition, Child Welfare, Mental Health, Parental Responsibility
Criminal Law Extradition Law Human Rights Law Extradition Article 8 ECHR Delay in Extradition Child Welfare Mental Health +1 more

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Parties

Nayanmoni Deb

Appellant

Greek Judicial Authority

Respondent

Procedural Posture

Extradition Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether extradition should be barred under Article 8 ECHR due to impact on appellant's children
  2. 2 Whether delay in extradition proceedings renders extradition unjust or oppressive under section 14 Extradition Act 2003
  3. 3 Whether appellant's partner is unable to care for the children if appellant is extradited

Ratio Decidendi

The risk of irreversible and severe damage to the interests of the appellant's children if he is extradited is only moderate and considerably less than even; the mother has choices and is likely to arrange care. The seriousness of the offence and public interest in extradition outweigh the Article 8 rights of the appellant and his children. Delay does not bar extradition as it was not of the authorities' making. Appeal dismissed.

Court Disposition

appeal dismissed

Orders

  • Appellant's extradition to Greece is upheld
  • No remission to lower court