BIOT Supreme Court Grants Injunction Preventing Removal of Chagossian Claimants
On 19 February 2026, the Supreme Court of the British Indian Ocean Territory (BIOT) granted an interim injunction preventing the removal of Chagossian claimants from the Chagos Islands. The decision was delivered by The Honourable James Lewis KC, Chief Justice of BIOT.
The claimants, including Louis Misley Mandarin, acting on his own behalf and as First Minister of the Chagossian Government-in-Exile, along with Louis Michel Mandarin, Louis Antoine Lemettre, and Guy Shane Adrien Castel, are Chagossians by birth or descent. They had traveled toÎle du Coin, part of the Peros Banhos atoll, approximately 120 miles from the military base at Diego Garcia, on 16 February 2026.
On 18 February 2026, Removal Orders were issued to the claimants under section 12 of the Immigration Order 2004, requiring them to leave the Territory and prohibiting their return without further notice. The claimants appealed the Removal Orders to the Commissioner under section 10 of the Immigration Order and sought an undertaking that no removal action would be taken pending determination of their appeal and any judicial review proceedings.
Having received no undertaking, the claimants made an urgent application to the Supreme Court for interim relief. In his judgment, the Chief Justice held that there is a serious issue to be tried regarding the lawfulness of the delay or failure to determine permit applications, the procedure adopted in issuing the Removal Orders, and the lawfulness of the threatened removal. The balance of convenience favored the claimants, particularly given the absence of any security threat and the practical difficulties they would face if removed.
The Court granted a temporary injunction restraining enforcement of the Removal Orders for seven days to allow the Defendant to file a response. In the absence of a response, the injunction will remain in force pending determination of the judicial review proceedings. The claimants have undertaken to issue a judicial review claim within seven days should the Commissioner decline to take the requested decisions.
James Tumbridge, representing the claimants, commented: "This is a huge statement for justice. The BIOT and FCDO had ignored our requests for permits, but the judge was willing to take an urgent application and deal with it whilst flying over Africa. This injunction gives a proper chance to understand when a deportation is appropriate. My clients are native Chagossians seeking to return peacefully to their homeland. We welcome the clarity and fairness reflected in the decision."
This ruling marks a significant development in the ongoing legal battles concerning the rights of Chagossians to return to their ancestral homeland.
