Practice and Procedure

R (on the application of JASEK) v POLAND (2013)

PUBLISHED November 27, 2013

[2013] EWHC 4186 (Admin)

The rule in Mucelli v Albania [2009] UKHL 2, [2009] 1 W.L.R. 276 that notice of an extradition appeal had to be served on the CPS within seven days and that the court had no power to extend time, which had been modified by Pomiechowski v Poland [2012] UKSC 20, [2012] 1 W.L.R. 1604 to the extent that it did not apply to British citizens, applied to European Union nationals with a permanent right of residence in the United Kingdom under the Immigration (European Economic Area) Regulations 2006. British citizens, because of their common law rights, stood in a different position from any alien in relation to removal of any sort, including extradition, from the country of their nationality and European Union nationals, notwithstanding rights conferred by the Regulations, remained aliens.

QBD (Admin) (Collins J)