Justiceface
Justiceface
Apr 23, 2026
Brits indisch oceaanterritorium

BIOT Supreme Court Quashes Removal Orders in Landmark Chagossian Victory

On 31 March 2026, the Supreme Court of the British Indian Ocean Territory (BIOT) delivered a landmark judgment quashing Section 9 of the British Indian Ocean (Constitution) Order 2004, which had previously denied Chagossians the right of abode in the territory. This ruling marks a significant victory for the Chagossian community and their longstanding struggle to return to their homeland.

The case was brought by four Chagossians who had traveled toÎle du Coin, an uninhabited outer island in the Chagos Archipelago, earlier this year. Upon their arrival, they were issued Removal Orders by the BIOT Commissioner, prompting a legal challenge against the constitutionality of Section 9 and the removal process.

In his judgment, Chief Justice James Lewis KC stated: "I am satisfied that Section 9 of the Constitutional Order cannot stand and that it is an unlawful and irrational exercise of the prerogative and should be quashed... I quash and will declare that Section 9 of the Constitutional Order 2004 is unlawful and/or Wednesbury unreasonable, especially in light of the current circumstances."

The Court also quashed the Removal Orders concerning the four Chagossians, ruling that the permit and removal process by the BIOT Commissioner was flawed and must be revisited. Future decisions must consider heritage rights and the right of abode for Chagossians entitled to them.

Additionally, the Court recognized the Chagossians as a settled people, noting their population on the islands in the 1960s and rejecting government attempts to deny this historical fact.

James Tumbridge, representing the claimants, commented: "This ruling is a significant victory for the Chagossian community and all those advocating for justice and resettlement in the British Indian Ocean Territory."

While the UK Government has appealed this decision, the ruling represents a pivotal moment in the legal battles surrounding the rights of Chagossians to return to their ancestral homeland.