Dozens of Tamils stranded on the remote Indian Ocean island of Diego Garcia for more than three years are to be airlifted to the UK after the government dropped its opposition to their case, the high court has heard.
The 64 people, including 16 children, have been stranded on the island since October 2021, when a fishing boat they were using to flee persecution in Sri Lanka got into difficulties.
The commissioner on the British Indian Ocean Territory argued that they could be lawfully returned to Sri Lanka, but the refugees fought the decision in the courts.
On Monday, the high court heard that the UK government had dropped its opposition to the group’s case and that they would be permitted to travel to the UK.
The majority of the group are still on the island but eight have been sent to Rwanda for medical treatment unavailable on Diego Garcia. Those in Rwanda are to be brought to the UK as well.
The only exceptions the UK government has made relate to three Tamils who have criminal convictions. Their fate is unclear.
In a letter from the government legal department disclosed in the high court, officials confirmed that the government would bring the vast majority of people on the island to the UK, subject to entry clearance applications being submitted, biometrics being enrolled and no adverse information arising out of these checks.
An offer was recently made to some of the Tamils on the island to send them to Romania for six months, with a view to them later moving to the UK. Monday’s offer cancels the earlier one.
A report by the UN earlier this year following an inspection of the conditions the Tamils experienced on the island concluded they had been unlawfully detained and should be urgently relocated after experiencing violence, abuse and arbitrary detention.
Most of the Tamils arrived on the island on 3 October 2021. They were rescued and taken there after a boat they were travelling in, hoping to reach Canada to claim asylum, got into difficulty.
The UN inspectors heard allegations of sexual harassment and abuse against women and children by other asylum seekers, and identified high levels of mental distress and significant risk of suicide and attempted suicide.
Simon Robinson, of Duncan Lewis solicitors, who represents some of the Tamils, said: “The change in the UK government’s position is a very welcome step. We are delighted. After three years living in inhumane conditions, having to fight various injustices in court on numerous occasions, the UK government has now decided that our clients should now come directly to the UK.”
Tom Short, a senior associate at Leigh Day, who represents other Tamils on the island, said: “Our clients, including 16 children, welcome the home secretary’s belated decision to offer them safety in the UK, which was made only after our clients issued legal proceedings in the high court. Our clients fled Sri Lanka seeking refuge from persecution.”
The UK agreed to hand over the Chagos Islands to Mauritius last month, ending years of bitter dispute over the territory. Nevertheless, Diego Garcia, which is the largest of the islands in the archipelago and home to a UK-US military base, will remain under UK control.
The government spokesperson said any future arrivals to Diego Garcia before a deal was finalised would be sent to the island of St Helena.
“This government inherited a deeply troubling situation that remained unresolved under the last administration for years after the migrants’ arrival on Diego Garcia,” they said.
“Diego Garcia has never been a suitable long-term location for migrants and this government has been working to find a solution that protects their welfare and the integrity of British territorial borders.
“A small number of migrants including children and their families will be temporarily relocated to the UK, subject to security checks. We have now closed down this route, with all future arrivals relocated to St Helena until Mauritius takes responsibility for the island.”
