Successful appeal against extradition to the Republic of Ireland
Extradition Lawyer Noam Almaz & Trainee Solicitor, Sarah Moulange acted for B, in successfully appealing her extradition to the Republic of Ireland where she was accused of committing over €70,000.00 worth of benefit fraud.
B accepted that she had committed benefit fraud and that she had fled Ireland because of the potential Court Case. However, she explained that she had a very unwell daughter, who suffered from muscular dystrophy, a terminal illness. B had given over her life to caring for her daughter and spent all her time caring for her daughter to give her the best possible quality of life.
One of the most frequent challenges against extradition is that it would be a disproportionate interference with someone’s article 8 rights. Article 8 is the right to a family and private life – but it is not an absolute right.
In deciding if extradition is allowed, the Judge at Westminster Magistrates Court must balance the impact of extradition on a person’s article 8 rights against the public interest in extradition. The more serious the alleged crime, the more likely it is that the public interest with ‘trump’ any impact on the requested person’s article 8. The Irish Judicial Authority relied on the fact that this was a very serious fraud (given the large value of funds that were taken) and B’s extradition was ordered.
Sarah and Noam instructed Florence Iverson of Matrix Chambers to represent B on appeal to the High Court. Sarah, Noam and Florence ensured that B’s side of the story was heard and showed the High Court that B’s extradition to Ireland would have a huge impact on her daughter.
It is often thought that the only successful article 8 cases are those of single parents, whose children would be taken into care if they are extradited. The extradition lawyers at National Legal Service Solicitors know that every case is unique. Every person has a unique family life and we work to show the Court the full circumstances so that they can see the impact of extradition clearly.
In B’s case, although she was happily married, her daughter only felt comfortable with her care as she and her daughter had an exceptionally strong bond. Her father was ill-equipped to deal with her unique needs and would have required immense support to ensure his daughter had an excellent quality of life. In an exceptional turn of events, social services admitted that they had no way of caring for B’s daughter with the same care and attention to detail that B provided.
Through the hard work and dedication of Sarah, Noam and Florence, the Court accepted that, despite her past mistakes, B was an exceptional mother and that it would be unfair and disproportionate to deprive their family of her.
Our extradition lawyers have successfully prevented the extradition of clients wanted all over Europe. We have defeated dozens of requests from Poland, Bulgaria, Romania, Germany, Lithuania and Hungary, to name but a few examples.
We also represent clients wanted in non-EU countries. People we have represented have been wanted in countries ranging from Australia and Albania to Peru and the United States.