Leonida Vasile v Brad City Court, Romania
[2024] EWHC 1262 (Admin)
Veronica Grigorie v Valcea Law Court (Romania)
12 June 2024
[2024] EWHC 1436 (Admin)
High Court
A mom is wanted in Romania for fraud. She says extradition would harm her kids and grandma. The court looked at new information about the dad and whether the kids would be put into care. Even though the kids' situation is bad, the mom's crimes were serious enough to send her back to Romania to serve her sentence.
Key Facts
- •Veronica Grigorie (Appellant) appeals extradition to Romania on Article 8 ECHR grounds (respect for private and family life).
- •Appellant is wanted for fraud offenses committed between December 2013 and May 2014, resulting in a 4-year 4-month sentence in Romania.
- •Appellant has two young children, aged 7 and 3, who are British citizens.
- •Appellant's partner, Marius Nicolescu (Father), is the children's father. His whereabouts are unknown and he has a previous conviction for rape of a minor.
- •Appellant's 75-year-old mother (Grandmother) lives with them and requires significant care.
- •New evidence reveals the Father's disappearance and the serious risk of children entering care if the mother is extradited.
Legal Principles
Proportionality of extradition with Article 8 ECHR rights, especially concerning children.
Various case laws cited, including *HH v Italy*, *A v Hungary*, *A v Germany*, *Parlinska v Poland*, *M v Poland*, *Prisacariu v Romania*, and *Stumbre v Lithuania*.
High Court's power to evaluate extradition afresh considering fresh evidence and changed circumstances.
*Deb v Greece*, *Josza v Hungary*, *Haczelski v Poland*
Lord Judge's Question: Would domestic courts impose an immediate custodial sentence given similar facts, considering children's interests?
*HH v Italy*
Outcomes
Appeal dismissed; extradition is proportionate.
While the impact on the children and grandmother is significant, the seriousness of the Appellant's crimes, lack of fugitivity, and previous offending outweigh Article 8 concerns. The court found the father's disappearance was not staged to manipulate the appeal, but his unsuitability as a sole carer, coupled with the Appellant's conviction for serious fraud, tipped the scales towards extradition.
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