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Ban on living on Chagos Islands is LAWFUL, court rules months after nine landed on outer islets
The BIOT Court of Appeal has ruled that the territory’s Supreme Court could not overturn the law restricting people’s right to live on the Chagos Islands. The decision reverses an earlier ruling that part of the restriction was unlawful and means any legal challenge must be brought in England.
The case followed the landing of nine people, including four Chagossians and former MP Adam Holloway, on Ile du Coin. Section nine of a 2004 law says no one may enter or remain in the archipelago without permission; the islanders’ lawyer says he will pursue an appeal to the Privy Council. The ruling comes as the UK Government continues negotiations to transfer sovereignty to Mauritius while retaining the joint US-UK military base on Diego Garcia.
In short
- Appeal court upholds the restriction on living in the Chagos Islands.
- Any challenge must be brought in an English court.
- Islanders’ lawyer says he will seek to take the case further.
Steelman: both sides, in good faith
The strongest fair case each way — we don't pick a winner.
The case for
The ban can be defended as a lawful measure governing access to a strategically important and environmentally sensitive territory, with a clear process for granting permission. The Court of Appeal’s ruling also supports the view that challenges should be heard in the proper jurisdiction, rather than allowing the territory’s Supreme Court to set aside the restriction.
The case against
Chagossians have a strong claim to live in their ancestral homeland, and a blanket restriction can perpetuate their exclusion from the islands. Requiring challenges to be brought in England may also make it harder for those affected to obtain a remedy, while the sovereignty negotiations make their rights and future especially consequential.