Lukasz Kobus v Polish Judicial Authority
[2023] EWHC 2953 (Admin)
Marcin Cwiklinski v Polish Judicial Authority
16 November 2023
[2023] EWHC 2901 (Admin)
High Court
A man who committed crimes in Poland when he was younger and then ran away to the UK, is facing extradition. He now has a family here and says it would be unfair to send him back. The court decided that the reasons for sending him back to Poland are stronger than his arguments against it.
Key Facts
- •Appellant (24) wanted for extradition to Poland for offences committed in 2017 (criminal damage and assault in a young offenders institution).
- •Offences resulted in a suspended sentence, later activated due to non-compliance and the Appellant fleeing to the UK in 2018.
- •Appellant has been in the UK since late 2018 and has a partner and her 4-year-old son.
- •District Judge ordered extradition on 24 February 2023.
- •Appeal based on Article 8 ECHR (right to private and family life).
Legal Principles
Article 8 ECHR (right to private and family life)
European Convention on Human Rights
Outcomes
Permission to appeal refused.
The Judge's decision was considered careful and properly weighed all relevant factors, including the Appellant's age at the time of the offences, his subsequent life in the UK, the impact on his family, the seriousness of the offences, and the public interest in extradition. The court found no realistic prospect that the outcome would be different at a substantive hearing.