Dinev v Bulgaria (Extradition) [2021] NIQB 61 (11 June 2021)

Dinev v Bulgaria (Extradition) [2021] NIQB 61 (11 June 2021)

The interference with Article 8 rights is not of sufficient strength to outweigh the strong public interest in extradition, especially as the requested person remains a fugitive with a portion of his sentence left to serve; the arguments advanced do not tip the balance against extradition.

Citation
[2021] NIQB 61
Parties
Appellant/requested Person: Denko Zhekov Dinev; Respondent/applicant: Bulgaria
Jurisdiction
Northern Ireland
Judgment Date
11 June 2021
Procedural Posture
Extradition Appeal / Application for Leave to Appeal Order for Extradition
Outcome
leave to appeal refused
Legal Topics
Article 8 ECHR, Proportionality, Family Life, Public Interest in Extradition, Time Served in Custody

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Parties

Denko Zhekov Dinev

Appellant/requested Person

Bulgaria

Respondent/applicant

Procedural Posture

Extradition Appeal / Application for Leave to Appeal Order for Extradition

  1. 1 Whether extradition would be disproportionate and in breach of Article 8 ECHR rights due to time already served and family circumstances
  2. 2 Whether the trial judge erred in not considering Article 8 arguments

Ratio Decidendi

The interference with Article 8 rights is not of sufficient strength to outweigh the strong public interest in extradition, especially as the requested person remains a fugitive with a portion of his sentence left to serve; the arguments advanced do not tip the balance against extradition.

Court Disposition

leave to appeal refused

Orders

  • Leave to appeal against extradition order is refused.