BIOT Court of Appeal Upholds Unlawful Detention Ruling of Tamil Asylum Seekers on Diego Garcia
The British Indian Ocean Territory (BIOT) Court of Appeal has upheld the decision that Tamils seeking asylum were unlawfully detained on Diego Garcia for approximately three years following their arrival after a shipwreck. The detainees, who were attempting to reach Canada to seek asylum, were held in a fenced, guarded camp described as prison-like. The group included more than 60 detainees, among them 16 children.
The appeal contested four grounds put forward by commissioner Nishi Dholakia, but the judges rejected these claims, stating that the evidence behind the appeal was a highly selective exercise. This ruling confirms the finding made by Justice Margaret Obi in December 2024 that the detention was unlawful.
Potentially significant damages could be payable by the UK stemming from this judgment, with legal costs cited at about £108,000 per day of detention. The Foreign, Commonwealth and Development Office responded by stating that Diego Garcia has never been a suitable location for migrants and emphasized that safety was carefully considered. The BIOT administration announced it will thoroughly study the judgment and consider its next steps.
