Emil Sebastian Grabowski v Circuit Court in Swidnica (Poland)
[2023] EWHC 1541 (Admin)
Rahim Abdi Omar v Greek Judicial Authority
1 March 2023
[2023] EWHC 445 (Admin)
High Court
A woman convicted in Greece and living in the UK is fighting extradition. A judge said she should go back to Greece to serve her sentence. She argued this would harm her kids and that the judge was wrong about her being a fugitive. The High Court agreed with the first judge, saying the kids will be ok and she should go to Greece.
Key Facts
- •Appellant (49, from Somalia, in UK since 1997) is wanted for extradition to Greece.
- •Convicted in absentia in Greece for facilitating illegal entry of two Somali individuals into the UK using false passports.
- •Sentenced to 6.5 years imprisonment in Greece.
- •Appellant lives with three children (aged nearly 20, 14, and 12 at the time of the hearing).
- •Extradition was ordered by District Judge Zani on 11 August 2022.
- •Appellant argues that the judge erred in finding her a fugitive and in the Article 8 ECHR balancing exercise.
- •New grounds of appeal relating to fugitivity were raised late in the process.
Legal Principles
Article 8 ECHR: right to respect for private and family life.
European Convention on Human Rights
Standard of proof in extradition proceedings.
Not explicitly stated, but implied throughout the judgment.
Burden of proof in extradition proceedings regarding fugitivity.
Not explicitly stated, but implied throughout the judgment.
Third-party rights (children's welfare) in extradition cases.
Not explicitly stated, but implied throughout the judgment.
Outcomes
Permission to appeal refused.
The judge found no arguable error in the lower court's decision. The appellant's arguments regarding fugitivity and the Article 8 balancing exercise were deemed without merit.
Judge's finding of fugitivity upheld.
The judge believed the respondent's evidence that the appellant failed to notify Greek authorities of her address change, and this was deemed sufficient to establish fugitivity.
Article 8 balancing exercise upheld.
The judge gave due consideration to the welfare of the appellant's children, considering the capacity of the older sister to care for them, the availability of support from extended family and social services. The public interest in extradition outweighed the Article 8 rights.