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Andrea James, Andrew Darwin & Anna McKibbin
Keystone Law’s partner, barrister, and Attorney General for the Chagos Government, James Tumbridge, has successfully represented British Chagossian citizens before the Supreme Court of the British Indian Ocean Territory (BIOT), with Philip Ruke KC.
On 31 March 2026, BIOT accepted the judicial review application and quashed Section 9 of the British Indian Ocean (Constitution) Order 2004 (the Constitution Order), which previously denied four Chagossians the right of abode in the territory.
Section 9 of the Constitution Order stated: “Whereas the Territory was constituted and is set aside to be available for the defence purposes of the Government of the United Kingdom and the Government of the United States of America, no person has the right of abode in the Territory.” This provision prevented Chagossians from returning to their homeland for decades.
The Court has also quashed the Removal Orders concerning four Chagossians on the island, ruling that the permit and removal process by the BIOT Commissioner was wrong and must be revisited. Any future decisions must consider heritage rights and the right of abode for Chagossians entitled to them.
Additionally, the Court recognised the Chagossians as a settled people, noting their population on the islands in the 1960s and rejecting government attempts to deny this historical fact.
After more than two decades of legal proceedings, the preclusion on the right of abode has been overturned. The UK Government has appealed this decision though.
The judge stated: “I am satisfied that Section 9 of the Constitutional Order cannot stand and that it is an unlawful and irrational exercise of the prerogative and should be quashed… I quash and will declare that Section 9 of the Constitutional Order 2004 is unlawful and/or Wednesbury unreasonable, especially in light of the current circumstances.”
James Tumbridge said:
“This ruling is a significant victory for the Chagossian community and all those advocating for justice and resettlement in the British Indian Ocean Territory.”
Philip Rule KC and Susana Ferrín were also instructed by Keystone Law for the Claimants.
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