Nastaj v Polish Judicial Ahthority [2014] EWHC 4289 (Admin) (17 November 2014)

Nastaj v Polish Judicial Ahthority [2014] EWHC 4289 (Admin) (17 November 2014)

Extradition is not disproportionate under Article 8 ECHR despite delay and medical condition, as the claimant was unlawfully at large and medical treatment will be available in Poland. The District Judge's error in applying the exceptionality test does not alter the outcome, as proportionality has been properly considered on appeal.

Citation
[2014] EWHC 4289 (Admin)
Parties
Claimant: NASTAJ; Defendant: POLISH JUDICIAL AUTHORITY
Jurisdiction
England and Wales
Judgment Date
17 November 2014
Procedural Posture
Extradition Appeal / Appeal Against Extradition Order Under Section 26 of the Extradition Act 2003
Outcome
Appeal dismissed
Legal Topics
Extradition, Article 8 ECHR, Delay in Prosecution, Medical Grounds for Resisting Extradition, Proportionality
Criminal Law Extradition Law Human Rights Law Extradition Article 8 ECHR Delay in Prosecution Medical Grounds for Resisting Extradition Proportionality

Case Brief

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Parties

NASTAJ

Claimant

POLISH JUDICIAL AUTHORITY

Defendant

Procedural Posture

Extradition Appeal / Appeal Against Extradition Order Under Section 26 of the Extradition Act 2003

Legal Issues

  1. 1 Whether extradition is disproportionate under Article 8 ECHR due to delay and medical condition
  2. 2 Whether delay bars extradition under section 14B of the Extradition Act 2003
  3. 3 Whether proper consideration was given to proportionality and medical evidence

Ratio Decidendi

Extradition is not disproportionate under Article 8 ECHR despite delay and medical condition, as the claimant was unlawfully at large and medical treatment will be available in Poland. The District Judge's error in applying the exceptionality test does not alter the outcome, as proportionality has been properly considered on appeal.

Court Disposition

Appeal dismissed

Orders

  • Extradition to proceed
  • All relevant medical information and records to be sent with the claimant upon extradition