UK Court Upholds Ruling Against Unlawful Detention of Tamil Asylum Seekers on Diego Garcia
The British Indian Ocean Territory (BIOT) Court of Appeal in London has rejected the appeal brought by BIOT commissioner Nishi Dholakia, upholding the 2024 ruling that found the detention of Tamil asylum seekers on Diego Garcia unlawful. More than 60 people, including 16 children, were held in a fenced, guarded camp on Diego Garcia for over three years after a shipwreck while attempting to reach Canada to seek asylum.
In the 2024 ruling, Ms Justice Obi described the detention conditions as "hell on earth" and deemed the confinement unlawful. The appeal was dismissed on all four grounds, with the court describing the commissioner's supporting evidence as a highly selective exercise.
If damages are awarded, the UK could face multi-million-pound liability, with detention costs cited at about £108,000 per day. The Foreign, Commonwealth and Development Office stated that Diego Garcia has never been a suitable location for migrants and that safety considerations were carefully evaluated. The BIOT administration will determine the next steps.
Diego Garcia is a UK-US military base located in the Indian Ocean, roughly halfway between Tanzania and Indonesia. The case originated from Tamils arriving there after a shipwreck while trying to reach Canada. Commissioner Nishi Dholakia's appeal was dismissed completely by the London court.
