Radwan v Poland Sad Okregowy Tarnow

Where extradition is sought to enforce a sentence imposed by a foreign court, and the person avoided serving it by leaving that country, exceptionally strong interference with family life is required before return will be disproportionate. Hardship to a spouse and children, including economic hardship and medical needs, may be insufficient where the family can return to the requesting state. The obligation to comply with international extradition arrangements is a significant factor in the proportionality assessment.

The appellant appealed under section 26 of the Extradition Act 2003 against District Judge Snow’s decision of 3 June 2012 ordering his return to Poland. The request concerned two fraud offences committed in 2006 and sentences totalling 12 months’ imprisonment. The appellant had come to the United Kingdom with his wife and three children, whose family circumstances included medical difficulties. The central issue was whether his return would cause disproportionate interference with family life.

1. Appeal dismissed. The court applied the approach stated by the Supreme Court in HH v Deputy Prosecutor of the Italian Republic, Genoa [2012] UKSC 25. The United Kingdom’s international obligations concerning European Arrest Warrants meant that a particularly strong case of interference with family life was required where extradition was sought to enforce a sentence which had been avoided by leaving the requesting state.
2. The appellant was the family breadwinner, and his return would cause hardship to his wife and children. His wife required medical care and his eldest son remained under medical supervision. Those matters did not make return disproportionate. The family were Polish, had come to the United Kingdom with the appellant, and could return to Poland while he served his sentence.
3. The economic difficulties facing the family in Poland did not alter the conclusion. Whether the appellant would serve the whole sentence or obtain early release for good behaviour was a matter for the Polish authorities.
4. The appeal therefore did not overcome the high threshold required to establish that extradition would be disproportionate. The appeal was dismissed.

• High Court (Administrative Court): dismissed the appeal against District Judge Snow’s decision of 3 June 2012 ordering return to Poland.