Hans Kacerri v Government of Albania
[2024] EWHC 1954 (Admin)
BZQ v Overijssel District Court, Zwolle, Kingdom of the Netherlands
20 August 2024
[2024] EWHC 2002 (Admin)
High Court
A mother is fighting extradition because it would severely harm her daughter's mental health. A higher court agreed that sending the mother away would be devastating for her daughter, so they stopped the extradition.
Key Facts
- •BZQ appeals extradition to the Netherlands for a 2019 conviction for facilitating unauthorized entry and residence (10 months remaining on sentence).
- •The sole ground of appeal is incompatibility with Article 8 ECHR (right to private and family life) due to the impact on BZQ's 12-year-old daughter, A, who has mental health issues and self-harms.
- •A's mental health deteriorated after BZQ's arrest and extradition proceedings.
- •New evidence includes statements from BZQ and a report from a clinical psychologist detailing the severe impact of extradition on A.
- •BZQ argues the District Judge mischaracterized the offense, gave insufficient weight to mitigating factors, and failed to consider new evidence.
Legal Principles
Extradition appeals under Section 27 of the Extradition Act 2003: The court may allow an appeal if the district judge erred in a way that would have led to a different decision.
Section 27 of the Extradition Act 2003
Article 8 ECHR (right to private and family life) in extradition cases: Balancing the public interest in extradition against the potential impact on the individual and their family.
Norris v United States of America (No 2) [2010] UKSC 9, H(H) v Deputy Prosecutor of the Italian Republic, Genoa [2012] UKSC 25, Polish Judicial Authority v Celinski [2015] EWHC 1274 (Admin)
Appellate review of Article 8 decisions in extradition: The appellate court must determine whether the District Judge's decision was wrong, not simply whether they would have decided differently.
Surico v Italy [2018] EWHC 401 (Admin), Love v United States of America [2018] EWHC 172 (Admin), Re B (A Child) [2013] 1 WLR 1911 (SC), Celinski [2015] EWHC 1274 (Admin)
In considering Article 8 where a child's rights are involved, the child's best interests are a primary consideration.
H(H) v Deputy Prosecutor of the Italian Republic, Genoa [2012] UKSC 25
Outcomes
Appeal allowed; extradition order discharged.
The judge found that the District Judge's assessment of the impact on A was too optimistic and that the impact of extradition on A would be exceptionally severe. The new evidence demonstrated that neither A's half-brother nor aunt could adequately care for her.
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