header-logo header-logo

19 July 2007 / Stephen Allen
Issue: 7282 / Categories: Features
printer mail-detail

Paradise found?

Stephen Allen considers the government’s responsibilities to the Chagossian people

The latest decision in the Chagossian people’s struggle to secure the right of abode in the Chagos Archipelago is R (on the application of Bancoult) v Secretary of State for Foreign and Commonwealth Affairs [2007] EWCA Civ 498, [2007] All ER (D) 399 (May). The archipelago was incorporated into the British Indian Ocean Territory (BIOT) in 1965 and the entire population was exiled to make way for the construction of a US military base on the island of Diego Garcia. R (on the application of Bancoult) v Secretary of State for Foreign and Commonwealth Affairs [2000] EWHC 413 (Admin), [2000] All ER (D) 1675 (Bancoult 1) held that the BIOT Immigration Ordinance 1971, which denied the Chagossian right of abode, was unlawful because it did not provide for the territory’s “peace, order and good government” as mandated by the BIOT Order 1965 (SI 1965/1920), s 11. The UK government accepted the decision.

However, in 2004, the government enacted the Constitutional and Immigration Orders, which sought to override this right of abode. R (on the application of Bancoult)

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Hogan Lovells—Lisa Quelch

Hogan Lovells—Lisa Quelch

Partner hire strengthens global infrastructure and energy financing practice

Sherrards—Jan Kunstyr

Sherrards—Jan Kunstyr

Legal director bolsters international expertise in dispute resolution team

Muckle LLP—Stacey Brown

Muckle LLP—Stacey Brown

Corporate governance and company law specialist joins the team

NEWS

NOTICE UNDER THE TRUSTEE ACT 1925

HERBERT SMITH STAFF PENSION SCHEME (THE “SCHEME”)

NOTICE TO CREDITORS AND BENEFICIARIES UNDER SECTION 27 OF THE TRUSTEE ACT 1925
Law firm HFW is offering clients lawyers on call for dawn raids, sanctions issues and other regulatory emergencies
From gender-critical speech to notice periods and incapability dismissals, employment law continues to turn on fine distinctions. In his latest employment law brief for NLJ, Ian Smith of Norwich Law School reviews a cluster of recent decisions, led by Bailey v Stonewall, where the Court of Appeal clarified the limits of third-party liability under the Equality Act
Non-molestation orders are meant to be the frontline defence against domestic abuse, yet their enforcement often falls short. Writing in NLJ this week, Jeni Kavanagh, Jessica Mortimer and Oliver Kavanagh analyse why the criminalisation of breach has failed to deliver consistent protection
Assisted dying remains one of the most fraught fault lines in English law, where compassion and criminal liability sit uncomfortably close. Writing in NLJ this week, Julie Gowland and Barny Croft of Birketts examine how acts motivated by care—booking travel, completing paperwork, or offering emotional support—can still fall within the wide reach of the Suicide Act 1961
back-to-top-scroll