Hungarian national’s appeal against extradition denied as legal team miss deadline


Re: Agardi v Penitentiary Judge of the Metropolitan Court & Anor [2014] EWHC 3433 (Admin)

The applicant was a Hungarian national wanted by the Hungarian authorities to serve a prison sentence for fraud and violence. Accordingly he was made subject to a ‘conviction’ EAW. His extradition was ordered and he instructed his legal team to appeal. Pursuant to the Extradition Act 2003 s 26(4), that appeal had to be lodged by the 14 Jul 2014. However, his solicitor did not lodge or serve the appeal until the 17 Jul 2014.

Held: the High Court has no jurisdiction to extend the time for lodging or serving an appeal in respect of a non-British citizen under Part 1 of the 2003 Act; the discretion granted by Lukaszewski v The District Court in Torun, Poland [2012] UKSC 20 applies only to British Citizens. The difference in treatment between British Citizens and EU nationals did not amount to unlawful discrimination under ECHR, art 14 (because no substantive ECHR, art 6 rights were engaged by the extradition of non-British EU nationals). Neither did article 18 TFEU nor article 47 of the Charter produce a different result because neither applied to Part 1 of the 2003 Act; s 26 (4) was not a transposition of EU law. Further, even if the Court did have the power to extend the deadline, this case did not contain any exceptional circumstances which would warrant such an extension.

Mark Summers QC was involved in this case.