In The Press

Ben Nelson, a caseworker in Duncan Lewis’ public law department, has detailed the successful legal challenge, whereby Sri Lankan asylum seekers have won their fight not to be forcibly returned to Sri Lanka, in an article published by Free Movement.

Duncan Lewis Solicitors successfully represented a number of claimants in their challenge against the refusal decisions and corresponding removal orders received in February 2023. The Claimants were asylum seekers who had fled from Sri Lanka on a boat to Canada. The distressed boat was brought ashore within the territory's waters.

The asylum seekers argued that they face a real risk of persecution, torture or ill-treatment if they are made to return to Sri Lanka, and as such were entitled to international protection. However, the Commissioner of the British Indian Ocean Territory (BIOT) had issued a decision that each of the claimants could be returned in accordance with international law , and issued removal orders in this respect accordingly.

Represented by Duncan Lewis and Leigh Day, the asylum seekers had been granted permission for judicial review of the Commissioner’s decisions; a substantive hearing was due to take place in the BIOT Supreme Court in September 2023. However, the hearing was called off after the Commissioner’s Legal Representatives reviewed the evidence served and decided to withdraw the refusal decisions, not only in respect of the claimants but additionally in respect of the other asylum-seekers on the island who had received similar decisions.

To read our full news article detailing the victory, click here

In the Free Movement article, caseworker Ben Nelsonsuccinctly recounts the asylum seekers' prolonged legal battle and emphasises the Commissioner of the British Indian Territory's failures, subsequently leading to the asylum seeker’s success.

The full Free Movement article can be read here: New asylum processes set up on disputed territory of Diego Garcia