Wisniewski v Regional Court In Wloclawek Poland

An extradition appeal may be dismissed where the appellant has received advice from experienced legal representatives, no arguable ground of appeal is identified, and further personal representations would inevitably fail. The court may proceed despite the appellant’s absence where the circumstances show that continued representation or an opportunity for further submissions would cause unnecessary expense without advancing the appeal.

The appellant appealed under section 26 of the Extradition Act 2003 against District Judge Coleman’s decision of 22 December 2012 ordering his removal to Poland to serve at least two years’ imprisonment for offences including robbery.

He did not attend and was no longer represented by his solicitors. However, he had previously been advised by experienced extradition solicitors and counsel. Counsel, who assisted the court at the judge’s invitation, considered that there were no arguable grounds of appeal. The appellant’s notice appeared to raise an Article 8 objection based on his family, employment and financial life in the United Kingdom.

1. Appeal dismissed. The appellant had been represented and advised by experienced extradition practitioners. The court was entitled to assess whether any arguable ground remained notwithstanding his wish to proceed in person.
2. The appellant’s notice of appeal raised, on its face, an Article 8 claim based on his connections with the United Kingdom. The court did not identify any substantive issue that could properly found an appeal.
3. Where experienced solicitors and counsel have considered the case and identified no arguable grounds, and further representations by the appellant personally are bound to fail, it is inappropriate to incur further expense by allowing those representations to proceed.
4. The order for removal to Poland therefore stood. The appellant remained able, if he wished, to apply for bail, although the court indicated that such an application was unlikely to succeed.

• District Judge Coleman: On 22 December 2012, ordered the appellant’s removal to Poland to serve at least two years’ imprisonment.
• High Court (Administrative Court): The appeal under section 26 of the Extradition Act 2003 was dismissed.