Emil Sebastian Grabowski v Circuit Court in Swidnica (Poland)
[2023] EWHC 1541 (Admin)
Sebastian Klos v Regional Court in Warsaw (Poland)
14 November 2023
[2023] EWHC 2859 (Admin)
High Court
A man is being sent back to Poland to face fraud charges. His lawyer is arguing that this would violate his family's rights (Article 8). The judge agreed to hear the case again because the family now has a new baby, and there's some question about whether the man was properly notified of the charges.
Key Facts
- •Sebastian Klos (Appellant), aged 37, is wanted for extradition to Poland on a conviction warrant for 13 fraud-related offences.
- •He was arrested on 12 January 2022 and has been on bail.
- •Extradition was ordered by District Judge Callaway on 7 December 2022.
- •The Appellant's appeal focuses on Article 8 (private and family life) rights, encompassing his wife and three young children.
- •New evidence includes the birth of a third child and documents challenging the finding of fugitivity.
Legal Principles
Article 8 ECHR (right to respect for private and family life)
ECHR
Extradition and the consideration of Article 8 rights
HH v Italy 2012 UKSC 25
Outcomes
Permission to appeal granted on the Article 8 argument.
The birth of a third child constitutes a new development requiring consideration of the child's Convention rights and best interests; the Judge could not have considered this at the initial hearing.
Decision on fresh evidence deferred to the substantive hearing.
The court deems it appropriate for the fresh evidence to be considered during the substantive hearing.
The challenge to the fugitivity finding will proceed to a substantive hearing.
While seemingly weak, the court finds the argument worthy of consideration as it relates to the Article 8 appeal.