Refugees fleeing persecution have been stranded in the British Indian Ocean Territory (‘BIOT’) since October 2021. BIOT is a disputed overseas territory in the middle of the Indian Ocean. The London based BIOT Commissioner is trying to return those seeking international protection to Sri Lanka, where their lives are at risk. Cut off from the world, they have no proper access to justice and are very vulnerable. 

The Claimants

We are a group of individuals jointly making this appeal for crowdfunding. Our goal is to raise funds to access legal support and stop our removal to Sri Lanka.

Background

We are Tamil refugees who fled Sri Lanka due to serious threats to our lives from our government. Some of us attempted to seek sanctuary in India, however, India is not a signatory to the Refugee Convention, so we lived in destitution in camps for many years with few rights. We left by boat in search of a safe place to seek asylum.

We accidentally arrived in Diego Garcia - the largest island in BIOT - in October 2021 when our boat ruptured near the island. We were escorted to the island by the British Navy. The BIOT Commissioner is now trying to return us to the country we fear persecution.

Situation on the Ground

For over a year, around 94 refugees* – including families with children – have been held in effective incommunicado in prison-like conditions.

We have been living in several shared tents surrounded by fencing. There are not enough basic facilities such as bathrooms, no private spaces for each family, no facilities to cook our own meals, little schooling available for our children, and no hospital. If we become ill, there is very limited medical support we can rely on.

Our ability to contact the outside world is seriously constrained. For several months, we could not even assure our families abroad that we were still alive.

*This number has fluctuated as some individuals have opted to return voluntarily  to Sri Lanka at their own risk.

No Access to Justice

As communication to and from the island is extremely restricted, we have faced serious issues contacting our lawyers. We have not been able to share documents and for some time legally privileged conversations were not private. This in itself is a breach to our basic right to legal representation.

The Commissioner is refusing to accept our accounts. We need to bring judicial review proceedings to challenge the Commissioner’s decisions in the BIOT Supreme Court* otherwise we will be forcibly removed to our country of origin.

We are raising funds to challenge the Commissioner’s stated intention to remove us to a place where our lives are at risk. We have been trying to get legal aid to cover our legal fees but in the event this is not available, we will challenge its absence.

*The BIOT Supreme Court has similar status to the High Court in England and may sit in the UK under the BIOT Constitution Order 2004, section 13(4).

The Case

The collection of islands are run from London by a Commissioner appointed by the King. The BIOT appears to escape the reach of international law, such as the Refugee Convention, and operates within a legal grey area.

The Commissioner has accepted that in this unique circumstance it would be unlawful under customary international law to return us to Sri Lanka if it would put our lives at risk. It has been made clear that we are unable to claim asylum in Diego Garcia – no one other than military personnel lives on Diego Garcia. We do not want to stay on the island – we have survived for almost a year and a half in extremely poor conditions, and want to find refuge in a safe country as soon as possible.

The Commissioner has refused to relocate us to the UK. It has been suggested that we may be taken to an alternative 'safe third country.' 

Why are your donations needed?

We need to challenge the negative refusals by way of judicial review. We will also have to raise money to protect us against any costs incurred by the Defendant, in the event we lose, that we may be liable to pay.

BIOT's Controversial History

The natives on the island were Chagossians who descended from enslaved Africans. Their ancestors had been transported to Diego Garcia, to establish coconut plantations. The Chagos Islanders were forcibly expelled in 1965 and moved to Mauritius to make way for a joint UK/US military base.

A document drafted in 1966 called the 'Exchange of Notes' gave the US military the right to punish individuals convicted of security offences on the island. There have been allegations that Diego Garcia was used as a transit floating 'black site' detention centre. This has come from human rights organisations, journalist publications, ex-UN Special Rapporteur on Torture and a former US general. The US general confirmed that Diego Garcia held detainees but later withdrew the claims. The full extent of the UK's involvement in the CIA's rendition program remains unknown.

Legal Team 

We have instructed the Public Law Team at Duncan Lewis who has an excellent track record of bringing judicial review claims and also are specialists in refugee claims.

Duncan Lewis have instructed expert counsel Chris Buttler KC and Zoe McCullum at Matrix Chambers and  Ali Bandegani at Garden Court Chambers.

We know others on the island are in a similar situation and have instructed other legal teams.

Please donate what you can and share this page with your family and friends. All of your efforts are valuable and we thank you very much for your support.