Ngoc Son Do v Czech Republic
The balance of factors decisively favours extradition; the applicant's Article 8 rights and evidence of trafficking/slavery do not outweigh the strong public interest in extradition, and no sufficient evidence was provided to show ongoing risk or that the Czech Republic would fail to protect the applicant.
- Parties
- Applicant: Ngoc Son Do; Respondent: Czech Republic
- Jurisdiction
- England and Wales
- Judgment Date
- 30 September 2024
- Procedural Posture
- Extradition Appeal / Renewed Application for Leave to Appeal
- Outcome
- Application for permission to appeal refused
- Legal Topics
- Extradition, Modern Slavery, Trafficking, Article 8 ECHR, Retrial Rights
Case Brief
Summary, issues, holding and outcome
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Parties
Ngoc Son Do
Applicant
Czech Republic
Respondent
Procedural Posture
Extradition Appeal / Renewed Application for Leave to Appeal
Legal Issues
- 1 Whether extradition should be refused due to Article 8 ECHR rights
- 2 Whether modern slavery and trafficking constitute a bar to extradition
- 3 Whether new evidence on mental health and trafficking alters the Article 8 balance
Ratio Decidendi
The balance of factors decisively favours extradition; the applicant's Article 8 rights and evidence of trafficking/slavery do not outweigh the strong public interest in extradition, and no sufficient evidence was provided to show ongoing risk or that the Czech Republic would fail to protect the applicant.
Court Disposition
Application for permission to appeal refused
Orders
- Renewed application for leave to appeal against extradition order is refused
Full Case Text
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