Key Facts
- •Appellant (21) wanted for extradition to Romania for aggravated non-dwelling burglary committed at age 15½ in 2018.
- •Original extradition order by District Judge Leake on 27 July 2023.
- •Appellant initially raised Article 8 ECHR (private and family life), then abandoned and re-raised it.
- •Appellant came to the UK as a fugitive after the 2018 offence.
- •Appellant served 5 months of qualifying remand.
- •Appellant had an electronically monitored curfew (details unclear).
- •Appellant's mother lives and works in the UK and supports him financially.
- •Appellant has no partner, children, or other dependents.
- •Appellant has other convictions in Romania for similar offences.
- •11 months of the original 3-year sentence remain to be served.
Legal Principles
Article 8 ECHR (right to respect for private and family life)
European Convention on Human Rights
Balance between public interest in extradition and Article 8 rights
Case law on extradition
Fugitivity as a factor against Article 8 claims in extradition cases
Case law on extradition
Proportionality test in relation to Article 8 and extradition
Case law on extradition
Avoidance of ‘projecting forward’ qualifying remand to influence Article 8 assessment
Molik v Poland [2020] EWHC 2836 (Admin)
Outcomes
Permission to appeal refused.
No viable Article 8 argument; public interest in extradition outweighs Article 8 considerations; insufficient qualifying remand and other factors to justify an Article 8 bar.
Permission to amend Grounds of Appeal refused.
Article 8 ground lacks viability.