Vojtech Drahonsky v District Court of Usti Nad Laden (Czech Republic)

Permission to appeal in an extradition case should not be granted merely to allow further qualifying remand to accumulate as a factor in the appellant’s favour. Where the first-instance judge has fully and fairly addressed the Article 8 case, conducted the required balancing exercise and reached a decisive outcome, further appellate consideration is unnecessary unless an arguable error is shown.

The appellant sought permission to appeal against an extradition decision made by District Judge Robinson. He argued that his personal circumstances, periods living and working in the United Kingdom, and continued commitment to remaining drug-free had not been properly considered under Article 8.

The first-instance decision ordered extradition to the Czech Republic in connection with an accusation warrant concerning commercial burglaries. Permission to appeal had previously been refused on the papers by Sir Duncan Ouseley. The renewed issue was whether the Article 8 arguments required further consideration, including because the appellant’s qualifying remand had continued to increase.

1. Application dismissed. The first-instance judgment had fully and fairly considered the Article 8 case. Approximately one-third of the 12-page judgment addressed Article 8, including a balance-sheet exercise and a decisive conclusion.
2. The relevant personal circumstances included the appellant’s age, periods in the United Kingdom, work, and continued commitment and success in remaining drug-free. Those matters had been taken into account.
3. The factors favouring extradition decisively outweighed those capable of weighing against it. The appellant had come to the United Kingdom to avoid criminal proceedings of which he was aware, and the extradition request concerned serious commercial burglaries and an accusation warrant.
4. The continuation of qualifying remand did not justify permission to appeal simply so that further time could accumulate in the appellant’s favour. The court applied the approach explained in Molik v Poland [2020] EWHC 2836 (Admin).
5. Permission to appeal was therefore refused.

1. High Court (Administrative Court): District Judge Robinson ordered extradition. Sir Duncan Ouseley later refused permission to appeal on the papers. Fordham J dismissed the renewed application for permission to appeal on 14 November 2023.