BIOT Commissioner Appeals Supreme Court Decision on Chagossian Rights

On 8 April 2026, the Commissioner for the British Indian Ocean Territory (BIOT) lodged an application for permission to appeal the recent Supreme Court decision that quashed Section 9 of the British Indian Ocean (Constitution) Order 2004. This section had previously denied Chagossians the right of abode in the territory.

The appeal, titled "Commissioner for the British Indian Ocean Territory (Appellant) v AAA and others (Respondents) (British Indian Ocean Territory)," has been submitted to the Judicial Committee of the Privy Council (JCPC), the highest court of appeal for British Overseas Territories.

The case involves multiple respondents, including individuals identified as AAA, ZZZ (by her litigation friend AAA), AAB, AAC, AAD, AAG, VT, JS, RG, SE, ME, and KP. These respondents are Chagossians by birth or descent who have been involved in legal proceedings to assert their right to return to their ancestral homeland.

The Supreme Court's earlier ruling on 31 March 2026 declared Section 9 of the Constitution Order unlawful and quashed Removal Orders issued against Chagossians who had returned to the islands without permits. The Court recognized the Chagossians as a settled people and emphasized the need to consider heritage rights and the right of abode in future decisions.

The Commissioner's appeal seeks to challenge this ruling, arguing that the Supreme Court's decision was erroneous. The outcome of this appeal will have significant implications for the ongoing legal battles concerning the rights of Chagossians to reside in the British Indian Ocean Territory.

As the appeal process unfolds, the status of Chagossians seeking to return to the islands remains uncertain. The JCPC's decision will be pivotal in determining the future legal framework governing the right of abode in the territory.