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
Case Brief
Summary, issues, holding and outcome
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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
Legal Issues
- 1 Whether extradition would be disproportionate and in breach of Article 8 ECHR rights due to time already served and family circumstances
- 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.
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