Pawel Tomasz Chrobot v Polish Judicial Authority
[2023] EWHC 2857 (Admin)
Rafal Marcin Kubik v Polish Judicial Authority
31 October 2024
[2024] EWHC 2772 (Admin)
High Court
A Polish man in the UK was ordered to be sent back to Poland to serve time for past crimes. The court said the reasons for the delay in extradition were justified, and that his current prison sentence in the UK and the lack of family here meant he should go back to Poland. A request to delay his return while a Polish court decides on combining his sentences was refused.
Key Facts
- •Rafal Marcin Kubik (Appellant), aged 47, is a Polish national.
- •He evaded two consecutive custodial sentences in Poland (GBH assault and robbery).
- •He fled to the UK in 2010 or 2011.
- •An Extradition Arrest Warrant was issued in November 2014 and certified in May 2019.
- •He was serving a 9-year sentence (4.5 years custodial) for a UK robbery when arrested.
- •The extradition hearing before the Judge was on May 8, 2024.
- •An application for sentence aggregation was received by a Polish court in May 2024.
- •There are no UK-based dependants.
Legal Principles
Article 8 ECHR (right to respect for private and family life)
ECHR
Extradition
UK Extradition Law
Outcomes
Refusal of the Article 8 challenge to extradition.
The public interest in extradition outweighs the Appellant's Article 8 rights, considering the time elapsed, lack of UK dependants, and the Appellant's ongoing sentence for a UK crime. The passage of time was deemed properly explained by the Appellant's fugitivity.
Refusal of the application to adjourn the case due to the pending sentence aggregation in Poland.
The pending aggregation application is not a viable basis for adjournment, as it doesn't affect the validity of the extradition warrant and could be addressed upon the Appellant's return to Poland. It would not materially change the situation.
Refusal of permission to appeal.
No legal, technical, or substantive basis exists for adjournment or deferral of extradition.