Lord Advocate v M

Extradition – Human Rights – Right to family life. Sheriff Court: Discharging a European Arrest Warrant in a case in which the German authorities sought the extradition of a Gambian national who was the mother of five children, one of whom was suffering from acute lymphoblastic leukaemia, to serve a 40-month prison sentence for drug trafficking, the court held that on balance the evidence led and the facts established revealed one of those genuinely rare and exceptional cases where the respondent's extradition to Germany would very likely, if ordered, have such a severe impact on the sick child as to constitute an unjustified and disproportionate interference with his and the respondent's right to a family life together and would accordingly be incompatible with their rights under art 8 of the European Convention on Human Rights.

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