Shropshire Star

Migrants stuck in the Chagos Islands could be offered chance to transfer to UK

In March this year, some of the migrants brought legal action against the Foreign, Commonwealth and Development Office.

By contributor By Jess Glass, PA Law Editor
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Diego Garcia
Some 61 Tamil Sri Lankan asylum seekers have been living on Diego Garcia in the Chagos Islands since being rescued at sea in 2021 (Alamy/PA)

Dozens of migrants who have been stuck in the Chagos Islands may now be offered the chance to be transferred to the UK following legal action.

Some 61 Tamil Sri Lankan asylum seekers have been living on Diego Garcia, the largest of the islands, since October 2021 after being rescued at sea by Royal Navy personnel.

In March this year, some of the migrants brought legal action against the Foreign, Commonwealth and Development Office, claiming there had been an “unlawful delay” in arranging their relocation to a safe third country.

The High Court in London was previously told that some of the migrants face “inhumane” conditions on the island, including overcrowding and rat infestations.

On Monday, lawyers for the FCDO and Home Office said there has been a “proposed change in policy” to allow families, children and unaccompanied men who do not have criminal convictions or outstanding investigations the opportunity to transfer directly to the UK.

“Work is ongoing this morning and it is expected that a decision on offering entry to the UK in this way will be reached in the next 48 hours, upon which we will provide a further update,” lawyers for the departments continued in a letter.

Following the letter, Leigh Day solicitor Tom Short said his clients, including 16 children, welcomed the Home Secretary’s decision, describing it as an “enormous relief”.

He continued: “Our clients fled Sri Lanka seeking refuge from persecution. The treatment and unlawful detention they have endured at the hands of the British Indian Ocean Territory Administration for the past three years is disgraceful.

“Today’s decision is an enormous relief to our clients and we urge the Home Secretary to close the camp and bring our clients here without any further delay so that they can begin their recovery.”

It was announced last month that the UK had agreed to hand over the Chagos Islands, officially known as the British Indian Ocean Territory, to Mauritius.

Foreign Secretary David Lammy said the UK Government wants the treaty with Mauritius signed and ratified in 2025 and said it was a “historic moment” which has “saved” the joint UK-US military base on Diego Garcia.

Asked about Diego Garcia on Monday, the Prime Minister’s official spokesman said: “The government inherited a deeply troubling situation that remained unresolved under the previous administration when it came to migrants who had arrived at Diego Garcia.

“Diego Garcia had clearly never been a suitable long-term location for migrants and the Government has been working to find a solution that protects their welfare and the integrity of British territorial borders. Discussions in relation to those migrants are ongoing.”

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