Sebastian Malinowski v Polish Judicial Authority

Sebastian Malinowski v Polish Judicial Authority

The District Judge's conclusion that extradition would not violate Article 8 was plainly right. The public interest in extradition remains strong due to the seriousness of the offences and the appellant's fugitive status. The delay was not culpable on the part of the authorities, and the family/private life factors...

Source-derived case information.

Parties
Appellant: Sebastian Malinowski; Respondent: Polish Judicial Authority
Jurisdiction
England and Wales
Judgment Date
14 April 2021
Procedural Posture
Extradition Appeal / Renewed Application for Permission to Appeal
Outcome
Permission to appeal refused
Legal Topics
Article 8 ECHR, Extradition, European Arrest Warrant, Family Life, Public Interest, Delay in Proceedings
Criminal Law Extradition Law Human Rights Law Article 8 ECHR Extradition European Arrest Warrant Family Life Public Interest +1 more

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Parties

Sebastian Malinowski

Appellant

Polish Judicial Authority

Respondent

Procedural Posture

Extradition Appeal / Renewed Application for Permission to Appeal

  1. 1 Whether extradition would violate Article 8 ECHR (right to private and family life)

Ratio Decidendi

The District Judge's conclusion that extradition would not violate Article 8 was plainly right. The public interest in extradition remains strong due to the seriousness of the offences and the appellant's fugitive status. The delay was not culpable on the part of the authorities, and the family/private life factors do not outweigh the public interest. There is no realistic prospect of the appeal succeeding.

Court Disposition

Permission to appeal refused

Orders

  • Permission to appeal on Article 8 ground refused