Extradition Appeal Overturned: Ewa Andrysiewicz vs Circuit Court in Lodz, Poland

Introduction

The High Court has dismissed the appeal of Ewa Andrysiewicz against an extradition order to Poland, where she faces imprisonment for fraud. The case, heard by Mr Justice Swift, centered on whether extradition would disproportionately interfere with her Article 8 rights under the European Convention on Human Rights.

Background

The extradition order, issued on 23 May 2023, is based on a warrant from 23 September 2020, certified by the National Crime Agency on 31 March 2021. Andrysiewicz was convicted on 5 October 2016 for fraud, having obtained credit through false representations. Her two-year suspended sentence was activated in November 2018 after she failed to comply with probation conditions and pay a fine.

Appellant's Arguments

Andrysiewicz argued that extradition would violate her Article 8 rights due to the passage of time and her established life in the UK since 2016. She contended that delays in activating her sentence and issuing the warrant were unexplained, and that her private life in the UK had developed significantly, making extradition disproportionate.

District Judge's Decision

The District Judge, applying the balance sheet approach from Polish Judicial Authority v Celinski, found that Andrysiewicz had limited ties to the UK and had deliberately avoided her responsibilities in Poland. The Judge concluded that the public interest in extradition outweighed her Article 8 claims.

High Court's Analysis

Mr Justice Swift upheld the District Judge's decision, agreeing that the passage of time did not diminish the public interest in extradition. He noted that Andrysiewicz's Article 8 interests were weak, as she had lived in the UK knowing her sentence in Poland. The Judge also dismissed the significance of her pending Article 77 application under the Polish Penal Code, which could potentially reduce her prison time.

Conclusion

The High Court found no error in the District Judge's evaluation of the Article 8 balance. The appeal was dismissed, and the extradition order upheld, reinforcing the UK's commitment to international extradition obligations.

Legal Representatives

Ania Grudzinska (instructed by Hollingsworth Edwards Solicitors LLP) represented the appellant, while Natalie McNamee (instructed by CPS Extradition Unit) represented the respondent.

Judicial Panel

The case was heard by Mr Justice Swift.

Case Citation Reference

[2024] EWHC 1399 (Admin)