Malinowski v Polish Judicial Authority [2021] EWHC 896 (Admin) (14 April 2021)
The District Judge's conclusion that extradition was justified and proportionate under Article 8 ECHR was plainly right, given the seriousness of the offences, the appellant's fugitive status, and the strong public interest in extradition, which outweigh the family and private life considerations and any delay.
- Citation
- [2021] EWHC 896 (Admin)
- 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
- Extradition, Article 8 ECHR, Public Interest Vs Private/family Life, Delay in Prosecution, Fugitive Status
Case Brief
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 be a disproportionate interference with Article 8 ECHR rights
- 2 Whether delay and family circumstances outweigh public interest in extradition
Ratio Decidendi
The District Judge's conclusion that extradition was justified and proportionate under Article 8 ECHR was plainly right, given the seriousness of the offences, the appellant's fugitive status, and the strong public interest in extradition, which outweigh the family and private life considerations and any delay.
Court Disposition
Permission to appeal refused
Orders
- Permission to appeal on Article 8 ground refused
Full Case Text
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