Court Upholds Ruling on Unlawful Detention of Asylum Seekers on Diego Garcia

A recent ruling by an appeal court has confirmed that dozens of asylum seekers were unlawfully detained on the remote island of Diego Garcia, a site primarily known for its military operations by the UK and the US. This decision, announced on Tuesday, dismissed an appeal from the territory’s commissioner, underscoring a troubling chapter in the treatment of those seeking refuge.

Background of the Case

On December 16, 2024, a judge determined that Tamil asylum seekers, who had been attempting to reach Canada, were unlawfully held on Diego Garcia after a shipwreck led them to the island. Their detention lasted three years, and conditions were described as “hell on Earth” by those familiar with their plight.

The British Indian Ocean Territory (BIOT) commissioner, Nishi Dholakia, contested this ruling in the territory’s court of appeal, arguing that the Tamils were not detained unlawfully. However, the judges unanimously rejected all four grounds of his appeal, noting that the evidence produced was “a highly selective exercise.”

Potential Financial Repercussions

This ruling poses significant financial implications for the British government, which may now be liable for millions in damages for detaining more than 60 individuals for such an extended period.

The Island of Diego Garcia

Located in the Indian Ocean, midway between Tanzania and Indonesia, Diego Garcia is known for its scenic white sandy beaches and vibrant turquoise waters. Yet, the experiences of the asylum seekers starkly contrast with the island’s beauty. They lived in rat-infested tents, enduring severe restrictions on their freedom.

Judicial Insights

In her original ruling, Margaret Obi, the acting judge of the BIOT Supreme Court, remarked on the harsh reality faced by the detainees: “It is unsurprising that the claimants feel as if they are in a prison; that is exactly what it is, in all but name.”

Responses from Legal Representatives

Legal representatives for the Tamils expressed satisfaction with the appeal court’s ruling. Tom Short, a solicitor with Leigh Day, stated: “This judgment vindicates the earlier decision by Ms. Justice Obi. The court has recognized that the commissioner intended to confine our clients, including 16 children, with no valid justification. His attempt to rewrite history has failed.”

Simon Robinson from Duncan Lewis solicitors also welcomed the ruling, emphasizing the financial burdens associated with the unlawful detention, which cost the UK taxpayer approximately £108,000 daily. The potential damages owed will only add to this cost, highlighted by delays in resolving the detainees’ situation.

A spokesperson for the Foreign, Commonwealth and Development Office commented on the case, indicating that the circumstances were unique and underscoring concerns over migrant safety in Diego Garcia. The spokesperson noted that the BIOT administration would need to carefully review the judgment before determining their next steps, expressing disappointment with the outcome.

Conclusion

The ruling regarding the unlawful detention of asylum seekers on Diego Garcia raises pressing questions about the treatment of vulnerable individuals seeking safety. It also presents significant financial ramifications for the government and emphasizes the need for systemic changes in the handling of such cases. As discussions continue, many await to see how the administration plans to address the fallout from this ruling.