Philip Rule KC of No5 Chambers, leading James Tumbridge of Keystone Law and Susana Ferrín of No5 Chambers, act on behalf of the four Claimants.
By reserved judgment delivered on 31 March 2026 the Chief Justice of the BIOT has allowed the claim, which was heard at a rolled-up hearing on 13 March 2026.
The Chagossian peoples have been in exile since being forcibly removed from the Chagos Islands by the British authorities in the period to 1973. Elderly survivors still wish to return, as do many descendants of this peoples. In the past, this action, though unlawfully undertaken, had been justified on the grounds of national security due to the military base at Diego Garcia. However, the UK’s position has dramatically changed and it is no longer asserted that no persons could safely be present on the outer islands. Indeed a written agreement between the UK and Mauritius concerning the Chagos Archipelago proposes to hand over sovereignty to Mauritius over the Chagos Archipelago, except for the lease-back of a military base at Diego Garcia, with the agreement that resettlement on the outer islands is permissible.
The four Chagossian claimants include the elected First Minister of the Chagossian Government-in-Exile, Misley Mandarin. They are currently in the Chagos Archipelago on an island over 130 miles away from the military base at Diego Garcia. The Claimants entered into the territory without a permit.
The Claimants challenged the BIOT Commissioner’s failure to decide to issue them with a permit to be present in the islands, and the removal orders issued by the BIOT Commissioner under s.12 of the BIOT Immigration Order 2004, within two days of their arrival to their homeland. The Claimants also challenged the constitutionality of a provision of an Order in Council which purports to remove rights of abode in the islands from the Chagossian people, and therefore interfered with common law rights.
The Court concludes, in particular, that:
- Section 9 of the British Indian Ocean Territory (Constitution) Order 2004 is unlawful; and issues a declaration to that effect and quashes the provision, which is either void or Wednesbury unreasonable, especially in light of the current circumstances.
- The Section 12 Removal Notices are quashed and need to be redetermined in the light of a fair procedure which includes the Claimants’ representations.
- Any future decisions of the Defendant in relation to the grant of permits need to take into account all the circumstances including heritage rights and the right of abode of any Chagossian entitled to them.
Of further interest, the learned Chief Justice’s judgment records that:
- The heritage visits for the Chagossians were stopped in 2020 (there had been visits in 2006, 2008, 2009, 2010, 2011, 2013, 2015, 2017, 2018 and 2019). They have not recommenced despite a statement from the FCDO they would do so in 2025; nor is there a timetable to do so. The Chagossians in reality are treated worse than tourists and yachtsmen who are routinely given permits to visit the outer islands. The email chain the court was shown demonstrates a disregard, or administrative inertia, to the fact that many of these Chagossians are elderly and infirm and will soon be unable to visit the graves and islands of their forebearers.
- The Commissioner of the BIOT accepts that there was a settled population in 1965. It is believed that between 1400 and 1700 were removed from the islands.
- The courts have already clearly established that there was a Chagossian people at the time the decision was taken to forcibly depopulate the islands.
- This is in contrast to the position of the UK government in the past (paras. 10, 11, 15-16):
10. By the 1960s it is clear there was a settled population living in the Chagos Islands, albeit small. This fact was expressly conceded by the Commissioner before me at the hearing. This is important as we shall see the Foreign and Commonwealth Office (now the Foreign, Commonwealth and Development Office) for inglorious reasons, has for many years sought to perpetuate the fiction that there was no settled or permanent population on the islands at the time.
11. There was a forced exile of the entire population between 1966 and 1972 from their homeland on the Islands…
…
15. Internal government documents reveal concern about how the presence of island inhabitants would affect the legal status of the Territory. Officials sought to avoid recognising the population as permanent residents because this could create obligations under the United Nations Charter, in particular General Assembly Resolution 1514 (XV) of 14 December 1960, “Declaration on the Granting of Independence to Colonial Countries and Peoples”.
16. To avoid these problems a fiction was put forward that there was no settled population…”
The reader may also note the UK government’s information provided to Parliamentarians in the present day, which continues to perpetuate the false myth about the islands’ population:
https://publications.parliament.uk/pa/bills/cbill/59-01/0285/echr_memo_update.pdf
https://questions-statements.parliament.uk/written-questions/detail/2024-10-22/HL1864/?
What next?
The Defendant has indicated that it is to appeal the judgment.
In the meantime, it remains to be seen whether Chagossians may finally be given the right to self-determination that other British Overseas Territories populations all enjoy, such as in the Falklands Islands and the Pitcairn Islands for example.
In 2012 the UK government published its policy concerning the British Overseas Territories. It included this statement of approach:
“The UK is committed to defend the Territories and protect their peoples from external threats, ensuring their right of self-determination” (p8)
“The 1999 White Paper Partnership for Progress and Prosperity set out a new relationship between the UK and its Overseas Territories based on the principles of self-determination…” (p11)
In relation to the Falklands Islands, it also noted “The principle of self-determination, enshrined in the UN Charter, underlies our position” (p100)
The Chief Justice’s judgment can be read here
Further reading on this claim is available here:
Deportation of Chagos Islanders blocked by judge https://www.bbc.co.uk/news/articles/c1jk5p0ewx0o
Starmer’s Chagos Islands deal hits new crisis after judge blocks removal of islanders – The Independent
Chagossians now CANNOT be evicted from homeland as vital last-minute intervention hands Keir Starmer crushing blow – The British New Channel
Judge Blocks Government Removal of Chagos Islanders – Guido Fawkes
Chagossians trying to resettle on islands defy removal order – BBC News
‘They will have to KILL me!’ Chagos leader refuses to leave after being slapped with eviction notice – British News Channel
Four Chagossians return to islands in attempt to stop British transfer to Mauritius – The Guardian
Chagossian First Minister vows to bring MORE people to islands after being threatened with removal: ‘They’ll have to kill me!’ – British News Channel
Chagos islanders make dramatic landing after 50 years of exile – The Telegraph
‘I’m ready to die for my island’ says Chagossian defying Britain to return home – The Telegraph
https://conservativepost.co.uk/britain-must-not-expel-the-chagossians-again/
