BIOT Supreme Court strikes down long‑standing ban on living in the Outer Chagos Islands

  • Maldives
PUBLISHED 01 April 2026

The Supreme Court of the British Indian Ocean Territory (BIOT) has annulled a longstanding regulation that prohibited individuals, including Chagossians, from residing on the Outer Chagos Islands.


The decision comes after a case filed by four Chagossians who were part of nine individuals who visited Ile Du Coin, a deserted outer island, earlier this year. BIOT authorities commanded them to vacate, leading to a legal dispute with the commissioner.


The core of the case involved a 2004 Order in Council that eliminated the Chagossians' ability to access or stay on the outer islands. The Court determined that this clause was illegal, stating that the government lacked a legitimate legal justification to exclude a whole population.


Chief Justice James Lewis KC stated that there was no longer any “logical reason” to uphold the ban, particularly after the UK consented to hand over sovereignty of the Chagos Archipelago to Mauritius while leasing back the joint UK‑US military facility on Diego Garcia for 99 years.


The Court annulled the commissioner’s order to remove the Chagossians who arrived at Ile Du Coin, asserting that the denial of the right of abode was not justifiable by administrative needs or security issues.



The administration of BIOT has contested the decision, as stated by the UK Foreign Office.