Sebastian Grzelak v Circuit Court in Lodz, Poland
[2023] EWHC 2319 (Admin)
Tomasz Wisniewski v Regional Court of Torun, Poland
13 June 2024
[2024] EWHC 1461 (Admin)
High Court
A man fled Poland after being convicted of burglaries. Years later, he was caught in the UK and faced extradition. A court in the UK refused his appeal because he ran away, the crimes were serious, and his arguments about family and fairness weren't strong enough. He tried to present new evidence about his health too late.
Key Facts
- •Tomasz Wisniewski (Appellant), aged 49, is wanted for extradition to Poland.
- •Conviction for 9 offences of overnight burglaries (2000-2002) resulting in a 4-year 33-day sentence.
- •Appellant fled Poland in 2004 to avoid serving his sentence.
- •Arrested in the UK on 4 July 2023 based on a 2019 Extradition Arrest Warrant (certified in March 2023).
- •District Judge Law ordered extradition on 1 December 2023.
- •Appellant appealed on grounds of Section 14 (unjust or oppressive) and Article 8 (disproportionate interference with family life).
- •Appellant's partner and 19-year-old son reside in the UK.
- •Late submission of fresh evidence regarding the appellant's health and work capacity.
Legal Principles
Section 14 of the Extradition Act – whether extradition would be unjust or oppressive.
Extradition Act
Article 8 of the European Convention on Human Rights – right to respect for private and family life.
ECHR
Outcomes
Permission to appeal refused.
No reasonably arguable basis for appeal on Section 14 or Article 8 grounds. The Judge's finding of fugitivity was unassailable. Fresh evidence deemed incapable of being decisive.
Permission to rely on fresh evidence refused.
Belated filing of evidence and its lack of potential to alter the court's decision.
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