Kamil Drzewiecki v Polish Judicial Authority
[2024] EWHC 1756 (Admin)
Damian Dablewski v Regional Court in Lublin, Poland
25 April 2024
[2024] EWHC 957 (Admin)
High Court
A Polish dad living in the UK was ordered to be sent back to Poland to finish a short prison sentence. He appealed, saying it would harm his relationship with his young kids. The court agreed, saying he's already served much of the sentence, it's unlikely he can return to the UK to see his kids after serving his time in Poland, and keeping him in the UK is better for the children. So, he won't be sent back.
Key Facts
- •Damian Dablowski, a Polish national, appeals against an extradition order for robbery and property damage.
- •He has served a significant portion of his sentence while in UK custody.
- •He has two young sons living in the UK with their mother.
- •The District Judge (DJ) ordered extradition, balancing public interest in extradition against Dablowski's Article 8 rights.
- •The appeal focuses on whether extradition is a disproportionate interference with Dablowski's and his children's Article 8 rights.
Legal Principles
Extradition appeals are allowed only if the appropriate judge ought to have decided a question differently, and that different decision would have led to discharge.
Section 26 and 27(3)/(4) of the Extradition Act 2003
In Article 8 proportionality assessments, the public interest in extradition outweighs family rights unless consequences are exceptionally severe.
HH v Deputy Prosecutor of the Italian Republic, Genoa [2012] UKSC 25
A child's best interests are a primary consideration in Article 8 assessments but may be outweighed.
HH v Deputy Prosecutor of the Italian Republic, Genoa [2012] UKSC 25
Delay since the crime diminishes the weight of public interest and increases the impact on family life.
HH v Deputy Prosecutor of the Italian Republic, Genoa [2012] UKSC 25
If raising immigration position in an Article 8 balance, it must be fully formulated with relevant statutes, regulations and rules.
Hojden v District Court, Gorzow, Wielkopolski, Poland [2022] EWHC 2725 (Admin)
In Article 8 assessments, the court considers the counterfactual scenario – the likelihood of deportation if not extradited.
Gurskis v Latvian National Authority [2022] EWHC 1305 (Admin)
The prospect of early release in Poland is a factor to consider, but the court shouldn't usurp the Polish authorities' sentencing processes.
Sobczyk v Circuit Court in Katowice, Poland [2017] EWHC 3353 (Admin)
Outcomes
Appeal allowed; appellant discharged.
The judge found that the DJ wrongly gave little weight to Dablowski's immigration difficulties and the time served in custody. Considering these factors alongside the children's best interests and the relatively short remaining sentence, extradition was deemed disproportionate.