The detention of asylum seekers on Diego Garcia for three years was unlawful a judge has ruled following a landmark challenge brought by Duncan Lewis on their behalf.
The Sri Lankan Tamils were detained, in what the Judge describes as a prison, by the Commissioner of the British Indian Ocean Territory (BIOT) for more than three years, the entire time they were on Diego Garcia. Judgment VT (Sri Lanka) v The Commissioner for BIOT (BIOT SC 15 and 16 2023).
Most of the asylum seekers were taken to Diego Garcia in October 2021 when their boat got it to trouble in the ocean. One of our clients arrived on a second boat, which arrived in Diego Garcia in April 2022.
In light of the conditions described above, on 18 December 2023, 12 claimants, including a child, issued claims for judicial review arguing that they were being unlawfully detained by the Commissioner, including applications for a writ of Habeas Corpus, and for interim relief.
The Commissioner’s defended the claim saying that: the asylum seekers were not detained, and; if they were detained, it was necessary for them to be detained for the security of the military base on Diego Garcia.
During the proceedings, the Court granted bail to the claimants in April 2024. The Commissioner failed to give immediate effect to the order, and accepted that a rapid response force attending the camp on the day was not to escort the bailed claimants in leaving the camp.
A hearing for was listed to take place in July 2024, which was cancelled at the last moment when the US Government withdrew their support for the Court travelling to site in the territory. The Commissioner had unsuccessfully appealed the BIOT Supreme Court’s decision to have the hearing take place on Diego Garcia.
The rescheduled hearing took place over four days in September 2024 at Freedom Hall, Thunder Cove, Diego Garcia. A site visit was included as part of the hearing.
The Court found that the Claimants had been unlawfully detained on Diego Garcia from their arrival, until their departure.
The judgment represents a victory for the rule of law, in BIOT and the UK.
Simon Robinson, Solicitor at Duncan Lewis representing the four of the Claimants said:
“The Court found that our clients were falsely imprisoned for over three years by the Commissioner (a UK civil servant) and that he had not come close to showing that their imprisonment was necessary. The Court will now assess the damages to be paid to our clients.
The Court also found that the Commissioner imposed collective punishments on those who attempted to leave and that our clients had a genuine fear that they would be shot for doing so.
Our clients – and the UK public – deserve answers about how the Commissioner, in the 21st Century, came to operate an illegal overseas prison for asylum seekers at huge expense to the UK taxpayer.
This judgment is a victory for justice, human rights and the rule of law.”
https://www.duncanlewis.co.uk/OnlineLinks/VT%20et%20al%20v%20BIOT%20Commissioner%20161224.pdf
Thanks to persistent legal advocacy, the migrants with the exception of those with criminal convictions have now been relocated to the UK, where they have six months to file asylum claims. The UK government described their relocation as a "one-off measure," citing Diego Garcia as unsuitable for long-term accommodation.
Our Claimants were represented by Toufique Hossain, Simon Robinson, Gina Skandari Maria Petrova-Collins, , Sulaiha Ali, Raja Uruthiravinayagan, Angelo Monni, Fionnuala Gregan, Ben Nelson, Sugani Suganthan, Jodie Spencer, Kristen Allison, David Garrick, George Sheldon Grun, and Joseph Brian Murphy, of Duncan Lewis, and by counsel Chris Buttler KC, Helen Law, and Jack Boswell Matrix Chambers.
Legal representatives from Leigh Day, Wilsons, and Blackstone Chambers represent other Claimants.
Duncan Lewis’ Public Law team, ranked in Chambers & Partners and The Legal 500 UK directories, has a broad practice representing both privately and publicly funded (legal aid) clients in matters involving immigration; asylum and human rights and deportation matters, with a niche practice in immigration and civil liberties claimant judicial review matters. They have significant practice in challenging delays in Home Office decision-making, unlawful immigration detention cases with high net claims for damages and challenging immigration removal decisions, particularly third country removal cases.
The Legal 500 recognises Duncan Lewis' public law team as a 'Top-Tier' department in respect of its immigration and human rights work. With over 160 specialist Immigration lawyers nationwide, we bring the highest level of expertise to all immigration matters. The department has a number of highly skilled lawyers who have trained as barristers, and undertake complex appeal cases up to the Court of Appeal and the Supreme Court.