The UK government has offered asylum seekers currently detained on the island of Diego Garcia, in the British Indian Ocean Territory (BIOT), the opportunity to apply to enter the UK directly.

This policy shift, announced on November 4, replaces an earlier, widely criticized plan to transfer most asylum seekers to a Romanian transit center for six months before admitting them to the UK. However, following legal actions and ongoing humanitarian concerns, the new government revised this plan and now offers direct entry to the UK, pending clearance and biometric checks.

The asylum seekers, primarily Tamils from Sri Lanka and India, initially planned to seek asylum in Canada but ended up on Diego Garcia when their boat broke down in 2021.

The group includes 56 people on Diego Garcia and eight others in Rwanda, who were sent there for medical care. Conditions on Diego Garcia have been difficult, with many detainees reportedly suffering from mental health issues and dozens attempting suicide due to poor living conditions and alleged human rights abuses. This prompted the UN to call for urgent relocation.

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Clearance checks and eligibility requirements

According to officials, the asylum seekers will only be allowed entry into the UK after clearance applications and biometric checks are approved. The UK will not admit those with criminal records or ongoing investigations, while new arrivals to BIOT will temporarily be directed to the island of St Helena until an arrangement with Mauritius comes into force. The entry will be temporary, giving them time to consider their next steps. However, future arrivals to BIOT will not be eligible for relocation to the UK.

“Entry to the UK will be for a short period of time, which will allow you to consider your next steps,” the official said, offering to provide additional details in the coming days. “Our aim is to arrange a direct flight to the UK as soon as possible,” he added.

At least three asylum seekers are being held in a “short-term holding facility” on Diego Garcia due to their criminal convictions or ongoing criminal investigations, The New Humanitarian reported. They will not be allowed to request transfer to the UK, but they will be offered options to return home or relocate to Saint Helena, a remote UK territory, which recently received funding from the UK to support future migration.

The asylum seekers' legal representatives expressed relief at this shift, calling for immediate closure of the Diego Garcia camp.

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Legal proceedings

Over the past three years, legal representatives for the asylum seekers have filed claims of unlawful detention, leading to high-profile court proceedings in the UK. During a November 4 court session, UK government lawyers informed the High Court of the revised policy to admit eligible asylum seekers to the UK, attributing this change to pressure from ongoing legal challenges.

A letter presented by government lawyers outlined that families, children, and eligible unaccompanied men would be allowed direct transfer to the UK, subject to an entry clearance process. The letter also stated that it is expected that a decision on offering entry to the UK in this way "will be reached in the next 48 hours, upon which we will provide a further update."

The legal team, including solicitors from law firms Leigh Day and Duncan Lewis who traveled to Diego Garcia for the judicial review, expressed relief at the policy shift.

Tom Short, a lawyer from Leigh Day, said in a statement that his clients welcomed the Home Secretary’s "belated decision" to offer them safety in the UK. However, he noted that this was only after they issued legal proceedings in the High Court. "Our clients fled Sri Lanka seeking refuge from persecution. The treatment and unlawful detention they have endured at the hands of the British Indian Ocean Territory Administration for the past three years is disgraceful."

"Today’s decision is an enormous relief to our clients and we urge the Home Secretary to close the camp and bring our clients here without any further delay so that they can begin their recovery,” he added.

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Chagossians' legal battle to return home continue

The UK has agreed to transfer sovereignty of the Chagos Islands, including Diego Garcia, to Mauritius after more than 50 years of control. Despite this transfer, the US and UK will maintain control of their military base on Diego Garcia, for at least 99 years. The island in the Indian Ocean has served as a critical facility for geopolitical strategy which was allegedly used to house 9/11 terror suspects.

Diego Garcia, part of the remote Chagos archipelago, has hosted a US military facility since the early 1970s. The island features civilian infrastructure to support military personnel and contractors, including shops and recreational facilities; however, asylum seekers had no access to these amenities.

In 1965, Britain separated the Chagos Islands from Mauritius, designating them as the British Indian Ocean Territory and leasing Diego Garcia to the US for military purposes. From 1968 to 1973, around 2,000 Chagossians were forcibly removed and sent primarily to Mauritius and the Seychelles. This action has been condemned internationally, with a 2019 UN ruling demanding the islands' return to Mauritius, a request the UK has consistently resisted.

In a joint statement by both the UK and Mauritius, both countries said they will seek to address "wrongs of the past" and demonstrate a commitment to support the "welfare of Chagossians." It also welcomed a program of resettlement on the islands of the Chagos Archipelago, except on Diego Garcia.

However, this has certain limits as historically only three of the islands were inhabited: Diego Garcia, Salomon and Peros Banhos. The UK has also designated parts of the archipelago as a Marine Protected Area, further limiting resettlement claims.

With AFP