The High Court has ordered the surrender of an anonymised respondent to the United Kingdom so he can face prosecution for one alleged offence of rape. The order followed the dismissal of objections concerning his international protection status, his family life and the UK’s departure from the European Union. The judgment does not determine whether he committed the alleged offence.
The European arrest warrant was issued on 25 January 2018 by a judge of the City of Westminster Magistrates’ Court. The High Court endorsed it in November 2018, and the respondent was arrested and brought before the court in December 2020. Justice Paul Burns delivered judgment on 7 February 2022.
The respondent argued that permission to remain in Ireland while his international protection application was being considered prevented surrender. In a ruling delivered in July 2021 and incorporated into the judgment, the court rejected that argument, finding that the permission did not create an automatic bar to surrender. The Minister for Justice granted him refugee status in September 2021. The UK Home Office later said the UK would not seek deportation in breach of its international obligations and indicated he would likely be returned to Ireland after the prosecution or any prison sentence. The court found no bar to surrender arising from his refugee status.
The respondent also relied on Article 8 of the European Convention on Human Rights and section 37 of the European Arrest Warrant Act. His evidence described his wife and young son’s circumstances, including the son’s autism diagnosis and support needs, and the family’s concerns about separation and future residence. His wife’s refugee application remained pending. The court said the consequences for the family did not amount to exceptional circumstances making surrender incompatible with Ireland’s obligations. It declined to seek assurances from the Minister about the family’s future right to enter or remain in Ireland, describing the arguments as dependent on uncertain future events. The court said any applications by the family must be handled fairly and that rights claims could be brought when the relevant facts were clear.
The respondent’s objection concerning surrender arrangements after the UK left the EU was not pursued after the Court of Justice of the European Union ruled in SN and SD (Case C-479/21 PPU). The High Court concluded that surrender was not precluded by Part 3 or another provision of the 2003 Act and ordered his surrender to the UK.