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
Source-derived case record
Summary, issues, holding and outcome
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Parties
Sebastian Malinowski
Appellant
Polish Judicial Authority
Respondent
Procedural Posture
Extradition Appeal / Renewed Application for Permission to Appeal
Legal Issues
- 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
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