The Minister for Justice & Equality -v- Skiba [2017] IECA 9 (12 January 2017)

The Minister for Justice & Equality -v- Skiba [2017] IECA 9 (12 January 2017)

The High Court was entitled to find, on the evidence before it and exercising due diligence, that the appellant's refusal to board the aircraft was a circumstance beyond the control of the State, justifying the fixing of a new surrender date under s.16(5)(a) of the European Arrest Warrant Act 2003. The appeal was dismissed as the High Court's assessment was reasonable and consistent with the evidence.

Citation
[2017] IECA 9
Parties
Respondent/applicant: THE MINISTER FOR JUSTICE & EQUALITY; Appellant/respondent: PIOTR PAWEL SKIBA
Jurisdiction
Ireland
Judgment Date
12 January 2017
Procedural Posture
Appeal / Judgment on Appeal From High Court Order Under S.16(5)(a) of the European Arrest Warrant Act 2003
Outcome
Appeal dismissed
Legal Topics
European Arrest Warrant, Force Majeure, Surrender Procedures, Interpretation of Article 23 of Framework Decision, Due Diligence in Extradition
Extradition Law Criminal Law European Union Law European Arrest Warrant Force Majeure Surrender Procedures Interpretation of Article 23 of Framework Decision Due Diligence in Extradition

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Parties

THE MINISTER FOR JUSTICE & EQUALITY

Respondent/applicant

PIOTR PAWEL SKIBA

Appellant/respondent

Procedural Posture

Appeal / Judgment on Appeal From High Court Order Under S.16(5)(a) of the European Arrest Warrant Act 2003

Legal Issues

  1. 1 Whether the High Court erred in finding that the failure to surrender the appellant within the statutory time limit was due to circumstances beyond the control of the State or issuing state under s.16(5) of the European Arrest Warrant Act 2003
  2. 2 Whether the High Court should have applied the approach to 'force majeure' as set out by Advocate General Bobek in Vilkas (C-640/15)

Ratio Decidendi

The High Court was entitled to find, on the evidence before it and exercising due diligence, that the appellant's refusal to board the aircraft was a circumstance beyond the control of the State, justifying the fixing of a new surrender date under s.16(5)(a) of the European Arrest Warrant Act 2003. The appeal was dismissed as the High Court's assessment was reasonable and consistent with the evidence.

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed.