Fabczak v Regional Court In Warszawa, Poland
2014
ADMINISTRATIVE COURT
UK
CORAM
- MR JUSTICE BLAKE
Areas of Law
- Criminal Law and Procedure
- Human Rights Law
2014
ADMINISTRATIVE COURT
UK
CORAM
AI Generated Summary
The Appellant's extradition to Poland was initially ordered to face trial for allegedly obtaining a bank loan by deception. The offence dates back to January 2009, and the Appellant has resided in the UK since August 2009, forming a new family there. Upon arrest in August 2013, he was unaware of the accusations. The main issue revolved around whether extradition would disproportionately impact his family life under Article 8. The appeal was allowed, ruling that extradition would disproportionately interfere with the Appellant's family life, particularly affecting his young child. The court considered the severity of the offence, his compliance with the law in the UK, and the significant impact extradition would have on his family.
J U D G M E N T
1. MR JUSTICE BLAKE: This is an appeal from a decision of District Judge Zani delivered on 11 August 2014, whereby he ordered the Appellant's extradition to Poland on an accusation European Arrest Warrant to face trial in respect of an allegation of obtaining a bank loan in the sum of PLN 28,000 (or £5,449) by deception, namely presentation of a false certificate of employment.
2. This offence is said to have been committed between 26 and 29 January 2009. The Appellant was then aged 28, he had an estranged wife and two children in Poland and on 11 February 2010 he was ordered by a Polish court to pay child maintenance in the sum of PLN 2,200 per month but he apparently failed to do so. It would appear that he was not present for those proceedings as he had left Poland for the United Kingdom in about August 2009. He has been resident here ever since. He presently works part-time in a factory in Gateshead, for which he receives £150 a week in wages, and on his coming to the United Kingdom he immediately formed a personal relationship with a woman he had known in Poland who has been his present partner with whom he has been for some five and a half years. She gave birth to their child, O, in September 2011. O is now three years old, but just falls on the wrong side of the year to be offered a nursery place, so O's mother, the Appellant's partner, stays at home to look after him and that is likely to be the position for the next 12 months. She has made a witness statement in which she describes the Appellant as being an "active father". He has hitherto worked part-time and spends other time with the child performing tasks and interacting with him and the child is fond of the father and well-connected with him.
3. Meanwhile, back in Poland, the Appellant's former wife lodged a complaint as to the non-payment of the child maintenance. This led to two charges that were framed as criminal offences in Poland of non-payment of those maintenance orders. Whilst those were being investigated and proceeded with, the prosecutor became aware of the deception offence and in August 2012 sought a measure of preventive detention in respect of that allegation. From that history it would appear, and the court in Poland in supplementary information has made it clear, that the Appellant has never been arrested and questioned or charged in respect of the bank loan offence. He was never required to reside at an address known to the police and is therefore in n