Lukasz Kobus v Polish Judicial Authority
[2023] EWHC 2953 (Admin)
Kamil Drzewiecki v Polish Judicial Authority
8 July 2024
[2024] EWHC 1756 (Admin)
High Court
A Polish man in the UK was ordered to be sent back to Poland to face trial for serious crimes. He argued it would violate his right to family life, but the judge decided the importance of justice and international cooperation outweighed this, as the new crimes were very serious.
Key Facts
- •Kamil Drzewiecki sought by Poland for robbery, theft, and VAT fraud.
- •Extradition initially ordered by District Judge Griffiths.
- •Appeal granted on Article 8 ECHR grounds (s. 21A Extradition Act 2003).
- •Appellant served time exceeding the outstanding sentence for the initial convictions.
- •Appellant's relationship with partner and her children considered.
- •Appellant's lack of UK convictions and potential difficulty re-entering the UK considered.
- •Delay in proceedings, appellant's fugitive status, and his living circumstances in the UK considered.
Legal Principles
Article 8 ECHR – right to respect for private and family life.
European Convention on Human Rights
Section 21A Extradition Act 2003 – bars extradition incompatible with Article 8 ECHR.
Extradition Act 2003
Balancing exercise required under Article 8 ECHR considering factors for and against extradition.
Norris v USA [2010] UKSC 9, HH v Italy [2012] UKHL 25, Celinski v Poland [2015] EWHC 1274 (Admin)
Outcomes
Appeal dismissed.
Public interest in extradition outweighs Article 8 concerns; seriousness of fraud charges, limited weight given to family life disruption and appellant's circumstances in the UK.