High Court of Ireland Decisions

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Cite as: [2013] IEHC 443

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Judgment Title: Minister for Justice and Equality -v- B.H.

Neutral Citation: [2013] IEHC 443

High Court Record Number: 2012 232 EXT

Date of Delivery: 25/09/2013

Court: High Court

Composition of Court:

Judgment by: Edwards J.

Status of Judgment: Approved

Minister for Justice and Equality v B.H. (Unreported, High Court, Edwards J., 25^th September 2013)

Extradition – Ss.16, 37 and 45 European Arrest Warrant Act 2003 – Ss 4 and 12 Child Care Act 1991 - Surrender – Article 8 European Convention on Human Rights and Fundamental Freedoms – Respect for private and family life - Council Framework Decision 2002/584/JHA - Fraud – Arson - Whether extradition necessary in a democratic society – Test is one of proportionality not exceptionality – Public interest must be properly recognised and duly rated - Child’s best interests and countervailing public interest in surrender proceedings – Respondent sought to evade justice - Significant public interest in surrender of respondent – Respondent’s surrender would not be disproportionate measure – Surrender would not constitute breach of rights under article 8 European Convention of Human Rights and Fundamental Freedoms – Surrender distressing and difficult as opposed to injurious and harmful to dependent child – Private interests of respondent and dependent child do not outweigh public interest in extradition

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