Matei Botka v Romanian Judicial Authority
[2024] EWHC 1332 (Admin)
Toma v Moreni Court (Romania)
24 January 2024
[2024] EWHC 183 (Admin)
High Court
A father in the UK was ordered to be sent back to Romania for a minor past offense. His son has serious mental health problems and relies heavily on him. The court decided it would be wrong to send the father away because of the serious risk to his son's health, especially considering how long ago the offense happened.
Key Facts
- •Toma appealed an extradition order to Romania for refusing a blood alcohol test in 2015.
- •Toma's son, X, has severe mental health issues and is heavily reliant on Toma for care.
- •The Moreni Court (Romania) activated Toma's suspended sentence in 2019.
- •Toma has settled status in the UK and has been on bail with curfew since November 2022.
- •The original offense was committed in December 2015, with a 10-month suspended sentence, later activated.
Legal Principles
The single question in an extradition appeal is whether the judge made the wrong decision.
Celinski [2015] EWHC 1274 (Admin)
An appellate court can overturn a proportionality decision if the lower court misapplied legal principles, made an unreasonable finding of fact, failed to consider relevant factors, or reached an irrational conclusion.
Belbin v Regional Court of Lille [2015] EWHC 149 (Admin)
Lord Neuberger's framework in Re B guides appellate review of proportionality, considering whether the lower court's decision was the only possible view, a right view, or an unsupportable view.
In Re B (A Child) [2013] UKSC 33
Interference with Article 8 rights must be exceptionally serious to outweigh the importance of extradition; the effect on innocent family members is a particularly cogent consideration.
Norris v Government of the United States of America [2010] UKSC
Outcomes
The appeal was allowed; the extradition order was overturned.
The judge at first instance wrongly discounted the serious impact of Toma's extradition on his son's mental health and failed to adequately weigh this factor in the proportionality balance. The relatively minor nature of the original offense, significant delays, and Toma's compliance with conditions since his arrest in the UK also contributed to the decision.