Celczynski v Polish Judicial Authority (No. 2) [2019] EWHC 3450_2 (Admin) (30 April 2020)

Celczynski v Polish Judicial Authority (No. 2) [2019] EWHC 3450_2 (Admin) (30 April 2020)

The questions of law identified by the appellant do not arise on the facts of this case because the error of law did not occur under an expressly appealable section of the Extradition Act 2003; thus, there is no question of general public importance to certify, and permission to appeal is refused.

Source-derived case information.

Citation
[2019] EWHC 3450_2 (Admin)
Parties
Appellant: Tomasz Celczynski; Respondent: Polish Judicial Authority
Jurisdiction
England and Wales
Judgment Date
30 April 2020
Procedural Posture
Application for Certification of Questions of Law and Permission to Appeal (post Judicial Review in Extradition Context) / Decision on Application for Certification and Permission to Appeal
Outcome
Application for certification of questions of law and permission to appeal refused.
Legal Topics
Extradition Act 2003, Judicial Review, Certification of Questions of Law, Appeal Procedures, Consent to Extradition
Extradition Law Administrative Law Extradition Act 2003 Judicial Review Certification of Questions of Law Appeal Procedures Consent to Extradition

Source-derived case record

Summary, issues, holding and outcome

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Parties

Tomasz Celczynski

Appellant

Polish Judicial Authority

Respondent

Procedural Posture

Application for Certification of Questions of Law and Permission to Appeal (post Judicial Review in Extradition Context) / Decision on Application for Certification and Permission to Appeal

Legal Issues

  1. 1 Whether questions of law of general public importance arise for certification under section 32 of the Extradition Act 2003
  2. 2 Whether permission to appeal should be granted
  3. 3 Whether the error of law occurred under an expressly appealable section of the Extradition Act 2003

Ratio Decidendi

The questions of law identified by the appellant do not arise on the facts of this case because the error of law did not occur under an expressly appealable section of the Extradition Act 2003; thus, there is no question of general public importance to certify, and permission to appeal is refused.

Court Disposition

Application for certification of questions of law and permission to appeal refused.

Orders

  • Refusal of certification under section 32 of the Extradition Act 2003
  • Refusal of permission to appeal