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Extradition – Extradition order. The respondent judicial authority sought the appellant Portuguese national's extradition pursuant to a European Arrest Warrant to serve an activated suspended sentence. The district judge ordered the appellant's extradition and he appealed. Allowing the appeal, the Administrative Court held that, in the circumstances, the judge had been wrong to conclude that the appellant had been a fugitive. In the light of that conclusion, the judge had also been wrong to decide that it would not be unjust to order the appellant's extradition under s 14 of the Extradition Act 2003 and that the appellant's extradition would not be a disproportionate interference with his and his family's rights under art 8 of the European Convention on Human Rights.
Extradition – Extradition order. The respondent judicial authority sought the appellant Portuguese national's extradition pursuant to a European Arrest Warrant to serve an activated suspended sentence. The district judge ordered the appellant's extradition and he appealed. Allowing the appeal, the Administrative Court held that, in the circumstances, the judge had been wrong to conclude that the appellant had been a fugitive. In the light of that conclusion, the judge had also been wrong to decide that it would not be unjust to order the appellant's extradition under s 14 of the Extradition Act 2003 and that the appellant's extradition would not be a disproportionate interference with his and his family's rights under art 8 of the European Convention on Human Rights.
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