The Minister for Justice & Equality v Skiba [2018] IESC 68 (05 December 2018)

The Minister for Justice & Equality v Skiba [2018] IESC 68 (05 December 2018)

The Supreme Court held that the Court of Appeal correctly applied the law as subsequently clarified by the CJEU in Vilkas. The mere notification of a fear of flying, without supporting evidence or particularisation, did not make the refusal to board foreseeable or require alternative arrangements. The authorities exercised due diligence, and the circumstances were beyond the control of the State. Thus, the fixing of a new surrender date was lawful.

Citation
[2018] IESC 68
Parties
Applicant/respondent: The Minister for Justice and Equality; Respondent/appellant: Piotr Pawel Skiba
Jurisdiction
Ireland
Judgment Date
05 December 2018
Procedural Posture
Extradition/european Arrest Warrant / Supreme Court Appeal From Court of Appeal, Following High Court and Court of Appeal Decisions
Outcome
Appeal dismissed
Legal Topics
European Arrest Warrant, Force Majeure, Surrender Procedures, Interpretation of EU Law, Foreseeability in Extradition
Criminal Law European Union Law Extradition Law European Arrest Warrant Force Majeure Surrender Procedures Interpretation of EU Law Foreseeability in Extradition

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Parties

The Minister for Justice and Equality

Applicant/respondent

Piotr Pawel Skiba

Respondent/appellant

Procedural Posture

Extradition/european Arrest Warrant / Supreme Court Appeal From Court of Appeal, Following High Court and Court of Appeal Decisions

Legal Issues

  1. 1 Whether the refusal of the requested person to board an aircraft, after notice of fear of flying, constitutes 'circumstances beyond the control' of the State under Article 23(3) of the Framework Decision and section 16(5) of the European Arrest Warrant Act 2003, as amended, in light of the CJEU decision in Vilkas.

Ratio Decidendi

The Supreme Court held that the Court of Appeal correctly applied the law as subsequently clarified by the CJEU in Vilkas. The mere notification of a fear of flying, without supporting evidence or particularisation, did not make the refusal to board foreseeable or require alternative arrangements. The authorities exercised due diligence, and the circumstances were beyond the control of the State. Thus, the fixing of a new surrender date was lawful.

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed.
  • The fixing of a new surrender date for Mr. Skiba's extradition was lawful.