Janczara v District Court In Tarnobrzeg, Poland

Extradition will be prevented on private and family-life grounds under Article 8 of the Strasbourg Convention only in a truly exceptional case. Personal hardship and the possibility of family separation do not, without more, establish a legal bar to extradition.

The appellant appealed against an order made by District Judge Coleman at Westminster Magistrates’ Court on 23 April, directing his extradition to Poland on an accusation warrant alleging robbery and assault occasioning actual bodily harm to a police officer.

The appeal notice relied on private and family life under Article 8 of the Strasbourg Convention. That ground was not pursued at the hearing. The court nevertheless considered whether any legal basis existed to overturn the extradition order.

1. The appeal was dismissed. There were no legal grounds for overturning the extradition decision.
2. Although the appellant’s partner had been in the United Kingdom, it would take a truly exceptional case to prevent extradition on private and family-life grounds under Article 8 of the Strasbourg Convention.
3. The appellant had not pursued his Article 8 argument, and the circumstances described did not disclose any bar to extradition. The court considered that extradition would ultimately enable the appellant’s family to visit him in Poland.

1. High Court (Administrative Court): On 26 September 2012, the appeal against the Westminster Magistrates’ Court extradition order was dismissed.
2. Westminster Magistrates’ Court: District Judge Coleman ordered extradition to Poland on 23 April 2012.