High Court allows extradition appeal of single father on human rights grounds

 

The High Court has allowed the appeal of a single father whose extradition was sought by Portugal, finding that extradition would breach his daughter’s right to a family life contrary to Article 8 ECHR.

 

The European Arrest Warrant related to a conviction for an offence of possession of Class A drugs with intent to supply in 2005. The appellant was tried and convicted in his absence in a Portuguese court in 2008. A sentence of fifteen months’ imprisonment was imposed. Following a lengthy period of unexplained delay, the Portuguese court sent its judgment to Scotland Yard in 2014, with extradition proceedings commencing in 2015. At first instance, the appellant was found to be a fugitive. Three assessments were conducted by the Local Authority in relation to the issue of alternative care for the appellant’s daughter, whose mother permanently resides outside the UK. In allowing the appeal, Mr Justice Collins found that the impact of extradition on the appellant’s teenage daughter would be disproportionate, particularly in light of the disruption that extradition would cause to her education.

 

In AT v District Court, Lisbon, Kate O'Raghallaigh was instructed by Robert Wong of JD Spicer Zeb.

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