Mr King was accused of being a member of a gang engaged in a conspiracy to import large quantities of ecstasy into Australia. He appealed against extradition saying that this would interfere with his article 8 rights. He had in the United Kingdom two young children and a mother whose health would not allow her to travel to Australia.
Held: The article 8 claim was inadmissible. ‘Mindful of the importance of extradition arrangements between States in the fight against crime (and in particular crime with an international or cross-border dimension), the Court considers that it will only be in exceptional circumstances that an applicant’s private or family life in a Contracting State will outweigh the legitimate aim pursued by his or her extradition . . If the applicant were [eventually] sentenced to imprisonment [in Australia, with the consequent impact on the rest of his family,] his extradition cannot be said to be ‘disproportionate to the legitimate aim served’.’
Judges:
Garlicki P
Citations:
9742/07, [2010] ECHR 164
Links:
Statutes:
European Convention on Human Rights
Cited by:
Cited – Norris v Government of United States of America SC 24-Feb-2010
The defendant faced extradition to the USA on charges of the obstruction of justice. He challenged the extradition on the basis that it would interfere with his article 8 rights to family life, given that the offence was merely ancillary, the result . .
Cited – HH v Deputy Prosecutor of The Italian Republic, Genoa SC 20-Jun-2012
In each case the defendant sought to resist European Extradition Warrants saying that an order would be a disporportionate interference in their human right to family life. The Court asked whether its approach as set out in Norris, had to be amended . .
Cited – BH and Another v The Lord Advocate and Another SC 20-Jun-2012
The appellants wished to resist their extradition to the US to face criminal charges for drugs. As a married couple that said that the extraditions would interfere with their children’s rights to family life.
Held: The appeals against . .
Lists of cited by and citing cases may be incomplete.
Human Rights, Extradition, Family
Updated: 14 August 2022; Ref: scu.401702