In a landmark decision, the British Indian Overseas Territories (BIOT) Court of Appeals rejected an appeal launched by the BIOT Commissioner, against an earlier Supreme Court judgement by Judge Mararet OBI, and reiterate its concerns over the welfare of Tamil asylum seekers on the territory, and in particular the welfare of children.
The Court emphasised the urgency of the situation, citing the lack of legal remedies available to the respondents. "There appears, therefore, to be no prospect of the majority of the protection claims being determined in the foreseeable future", the court noted. The ruling further noted that the Commissioner had itself noted that the children in the Camp “are at immediate risk of harm” and that the Camp is “in crisis”.
The full judgment can be found here.
This ruling underscores the gravity of the asylum seekers’ plight and highlights the need for swift action to ensure their safety. Earlier in August this year, there was mounting pressure on Britain’s Home Secretary, Yvette Cooper, to airlift more than 60 Tamil asylum seekers on Diego Garcia, to the UK after reports of a mass suicide attempt on the island.
The group, first stranded on the island in October 2021, is facing extreme challenges and is “extremely vulnerable”, according to their lawyers. The commissioner for the British Indian Ocean Territory (BIOT) Paul Candler also wrote a letter that detailed a mass suicide attempt involving 22 of the Tamils.
Reports on the migrant camp describe poor conditions including rat-infested tents, claims of child sexual abuse, and widespread self-harm. Judge Obi had previously ruled that the asylum seekers should be granted bail to access more of the island. She said, "The situation appears to be deteriorating rapidly”. Previously on Thursday, BIOT commissioner Candler wrote a letter to Foreign Office Minister Stephen Doughty and requested some Tamils to be brought to the UK.
The UN refugee agency has called for the immediate release of these asylum seekers which include 16 children. The UN report detailed that asylum seekers were held in a fenced-in area the size of a football pitch, guarded by G4S staff. They were not allowed to cook for themselves and had been bitten by rats, which were “ubiquitous” on the island and had gnawed holes in their tents. Their movements were severely restricted and they were only recently permitted to leave the camp to go a small beach area alongside the camp at designated times, under close supervision.
Read more here: Eelam Tamil refugees on Diego Garcia unsafe, UN calls for immediate relocation
