Vanda Puceviciene
. ” The FtT is to be commended for its alertness to the necessity of confronting this submission and resolving it. However, we consider that its conclusion suffers from three material flaws. The first is that it is expressed in bald and unreasoned terms. The second is that it fails to engage with the passages in the Divisional Court Judgment highlighted above. The third is that it is irreconcilable with [72] of Vanda Puceviciene , to which the FtT made express reference. 64. The materiality of these flaws cannot be gainsaid having regard to the formulation of the Appellant’s grounds of appeal to the FtT. We conclude that this ground is also made out.
- 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