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15/09/2025
The Court of Appeal of the British Indian Ocean Territory (“BIOT”) heard an appeal to the judgment of the BIOT Supreme Court in VT and others and the Commissioner for the BIOT (Case No. 15 and 16) on 10 to 12 September 2025. https://www.biot.gov.io/wp-content/uploads/VT-et-al-v-BIOT-Commissioner-Unlawful-Detention-Approved-Judgment-161224.pdf).
The central issue in the appeal was whether a group of Sri Lankan nationals of Tamil ethnicity who had arrived on Diego Garcia from October 2021 had been detained there unlawfully. Diego Garcia is the largest island of the Chagos Archipelago. It has an area of approximately 12 square miles and much of the island is used as a joint US-UK military base. The Commissioner was granted permission to appeal on four grounds of appeal relating to that issue.
The hearing was held in London before the President of the Court of Appeal and four Justices of the Court of Appeal (Sir Howard Morrison KCMG CBE KC, Mr Justice Lane, Mrs Justice Plimmer, Mr Justice Little KC and Mrs Justice Nott). The BIOT Supreme Court (Mrs Justice Obi) had previously sat on Diego Garcia from 16 to 19 September 2024.
Rodney Dixon KC, William Irwin, Anisa Kassamali and Andrew Ratomski acted for the Commissioner of the BIOT in the appeal. Judgment has been reserved.