Other Grounds of Appeal
53. We have addressed above what we consider to be the principal grounds of appeal. While remaining grounds appear to us supplementary in nature we shall consider them in the interests of finality and certainty. 54. Grounds 5, 6 and 7 of the grounds of appeal challenge the judge’s findings in relation to the issue of “judicial engineering” and the risk of the Appellant not receiving a fair trial in Spain. We shall consider the points that arise under these grounds under the four sub-headings set out below.
- PART 1
- Introduction
- The Statutory Framework
- The Secretary of State’s Decision
- organised crime
- The European Arrest Warrant
- current
- Del Rio Prada v Spain
- Spanish Judicial Authority v Arranz (No 3)
- The Appellant’s Witness Statements
- The Operative Extradition Decision
- itself
- The Principal Grounds of Appeal
- deduced
- The Burden of Proof Issue
- Insofar as the appeal relies upon the 2006 Regulations, the burden is also on the Appellant, the standard being the balance of probabilities
- this
- might
- Other Grounds of Appeal
- (i) Misunderstanding The Evidence
- E v Secretary of State for the Home Department; R v Secretary of State for the Home Department
- E & R
- (ii) Misunderstanding the Second Divisional Court’s Decision
- Paragraph 27
- Paragraph 28
- Paragraph 60
- Kandola
- Spanish Judicial Authority v Arranz
- Vanda Puceviciene
- persecution
- (iv) The Article 6 ECHR Issue
- R (EM Eritrea) v SSHD
- flagrant breach
- R (Ullah) v SSHD
- Conclusion
- PART 2
- The Evidence of Professor Silke
- The Battle Lines Drawn
- in itself
- General
- JS (Sudan)
- The ‘Colectivo’ Issue
- Risk of Reoffending
- The Appellant’s Terrorist Criminality and ETA
- from this perspective,
- Del Rio Prada
- could
- The Reluctant Witness
- Marchon v Immigration Appeal Tribunal
- Nazli
- Ex parte Marchon
- Bouchereau
- Omnibus Conclusion