Natasha Draycott was instructed by Harry Coleman from Kaim Todner Solicitors for the Appellant, Marek Potocky.
Appeal allowed on the basis of passage of time and Article 8 grounds despite the fact that it was an uncontested hearing in the lower court. It was found to be disproportionate to return the Appellant for an offence of robbery which took place in 1997. On 22nd May 2013 Mr Justice Cranston criticised the Judicial Authority for a series of delays and stated that they must have been aware of the Appellant’s location when his passport application was rejected in 2005. The impact on the Appellant’s partner and children was said to involve more than mere hardship and could properly be described as disproportionate under Article 8.
