BZQ v Overijssel District Court, Zwolle, Kingdom of the Netherlands
[2024] EWHC 2002 (Admin)
Hans Kacerri v Government of Albania
30 July 2024
[2024] EWHC 1954 (Admin)
High Court
A man is facing extradition for a drug crime, but his pregnant wife has serious mental health issues and relies on him for support. A judge initially approved the extradition, but a higher court overturned the decision because sending the man away would be too harmful to his wife and unborn child.
Key Facts
- •Hans Kacerri appeals extradition to Albania for drug offences.
- •Kacerri's wife, AD, has a history of severe mental health issues, including trafficking, sexual abuse, and multiple suicide attempts.
- •AD's mental health is heavily reliant on Kacerri's support.
- •AD is pregnant at the time of the appeal.
- •The District Judge considered the impact on AD but found extradition not disproportionate.
- •The appeal argues that the District Judge underestimated the impact on AD's mental health and the pregnancy significantly alters the situation.
Legal Principles
Article 8 ECHR: Right to respect for private and family life.
European Convention on Human Rights
Extradition Act 2003, s 87: Extradition barred if incompatible with Article 8 ECHR.
Extradition Act 2003
Extradition Act 2003, s 103: Appeal on Article 8 grounds.
Extradition Act 2003
In fresh evidence appeals, the court makes its own assessment de novo.
Various cases including Love v Government of the United States of America [2018] EWHC 172 (Admin)
In Article 8 extradition cases, the court balances the public interest in extradition against the impact on family life; severity of consequences is key.
Norris v Government of the USA (No 2) [2010] 2 AC 487; H(H) v Italy [2013] 1 AC 338; Polish Judicial Authorities v Celinski [2016] 1 WLR 551
Best interests of the child are a primary consideration when children are affected by extradition.
ZH (Tanzania)
Outcomes
Appeal allowed. Extradition quashed.
The court found that the District Judge underestimated the devastating impact of extradition on AD's mental health, exacerbated by her pregnancy. The court conducted a de novo assessment and concluded that extradition would be a disproportionate interference with Article 8 rights.