Akaroglu v Government of Romania & Anor

Akaroglu v Government of Romania & Anor

The Secretary of State lawfully certified the extradition request as valid under s 70 of the Extradition Act 2003, as the documentation made clear the appellant was accused, not convicted; the District Judge had the correct documents and was entitled to send the case to the Secretary of State; judicial review is the proper remedy for defective certification, but permission is refused as certification was lawful.

Parties
Appellant/claimant: Cuneyit Akaroglu; Respondent/interested Party: The Government of Romania; Defendant/respondent: The Secretary of State for the Home Department
Jurisdiction
England and Wales
Judgment Date
01 March 2007
Procedural Posture
Extradition Appeal and Judicial Review / Appeal Against District Judge's Decision and Application for Permission to Apply for Judicial Review
Outcome
Appeal dismissed; permission to apply for judicial review refused.
Legal Topics
Validity of Extradition Request, Certification Under Extradition Act 2003, Judicial Review, Appeal Process
Extradition Law Criminal Procedure Validity of Extradition Request Certification Under Extradition Act 2003 Judicial Review Appeal Process

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 4 Party arguments 2
Sign in to unlock

Parties

Cuneyit Akaroglu

Appellant/claimant

The Government of Romania

Respondent/interested Party

The Secretary of State for the Home Department

Defendant/respondent

Procedural Posture

Extradition Appeal and Judicial Review / Appeal Against District Judge's Decision and Application for Permission to Apply for Judicial Review

Legal Issues

  1. 1 Whether the extradition request made clear if the appellant was accused or convicted
  2. 2 Whether the Secretary of State lawfully certified the request under s 70 of the Extradition Act 2003
  3. 3 Whether the District Judge had the correct documentation under s 78(2)

Ratio Decidendi

The Secretary of State lawfully certified the extradition request as valid under s 70 of the Extradition Act 2003, as the documentation made clear the appellant was accused, not convicted; the District Judge had the correct documents and was entitled to send the case to the Secretary of State; judicial review is the proper remedy for defective certification, but permission is refused as certification was lawful.

Court Disposition

Appeal dismissed; permission to apply for judicial review refused.

Orders

  • District Judge's decision to send the case to the Secretary of State affirmed.
  • Secretary of State's certification under s 70 upheld.