Daily Express - Breaking news, sport and showbiz from the World's Greatest Newspaper
Newspaper Cover Page
Our Paper

Front and Back Pages, E-Edition and Back Issues...

Weather
 2°C
London
Thursday 8th January 2009 Make us your HOME PAGE  What is RSS?

UK NEWS

ISLANDERS WIN RIGHT TO RETURN HOME

Wednesday May 23,2007

Families expelled from the Chagos Islands by the British Government to make way for the Diego Garcia US airbase in the 60s have won their legal battle to return home.

Foreign Secretary Margaret Beckett took the case to the Court of Appeal after two High Court judges found for the Chagossians.

On Wednesday three judges, headed by the Master of the Rolls, Sir Anthony Clarke, dismissed the action.

Lord Justice Sedley, giving the lead ruling, said the method used by the Government to stop the islanders returning - making an Order in Council under the Royal Prerogative - was unlawful and an abuse of power by the Government executive.

Lord Justice Waller said the decision had been taken by a Government minister "acting without any constraint".

"Indeed, the Crown may be doing something that, if she only knew the true position, she would prefer not to do, and yet it is then said that the Government can hide behind the 'Crown's prerogative'."

But the Government was granted a stay on the court order won by the Chagossians pending an application to challenge the decision in the House of Lords.

Lawyers for the Foreign Secretary had argued at the appeal hearing in February that the case involved issues of "great constitutional importance".

The High Court judges condemned as "repugnant" the British Government's decision to "exile a whole population" from the Indian Ocean islands in the 1960s and 1970s.

The Government said the decision was made on the basis that it was necessary for peace, order and good government. But Lord Justice Hooper and Mr Justice Cresswell ruled that the interests of the islanders from the British Indian Ocean Territory (BIOT) had been ignored and that orders made under the the royal prerogative to prevent their return were irrational and unlawful.


User Image

CAN WE GIVE THE SAME PRIZE TO 630,000 ILLEGAL IMMIGRANTS!

24.05.07, 4:41pm

No sorry silly me what about their HUMAN RIGHTS?

• Posted by: The_Way_I_See_ItReport Comment

View All Comments

To view all 'Have Your Say' comments, click this button...

Share...

Got A Story? Get in touch online
Email the news desk directly here!


Campaigners condemn HIPs delay

Communities Secretary Ruth Kelly has announced a delay and watering down of Home...

Read More Comment Speech Bubble Have Your Say(0)

GP 'faked records to help lover's son'

A FAMILY doctor lied and faked records to get his lover’s young son into a top s...

Read More Comment Speech Bubble Have Your Say(0)

Irish voters going to the polls

More than three million Irish voters are to go to the polls in one of the tighte...

Read More Comment Speech Bubble Have Your Say(0)

Todays best TV right here for you at the Express. • See Guide

The Political Cartoonist of the Year