Misley Mandarin (L) says the British will have to drag him from the beach themselves
A judge has issued an order to temporarily block the deportation of four Chagossians who travelled to the Chagos Islands to protest against a deal to hand over the territory to Mauritius.
The Chagossians arrived on a remote part of the archipelago on Monday after sailing from Sri Lanka, with the aim of establishing a permanent settlement on their “homeland”.
British authorities served the four men with eviction papers, which warned them they could face fines or jail if they did not leave.
But lawyers representing the men have successfully applied for an injunction to prevent their removal for at least seven days.
The Foreign, Commonwealth & Development Office (FCDO) maintains that the four men should comply with the notices they were served.
In his ruling, the judge upheld challenges about an unreasonable delay or failure to grant the men permits to visit the territory and the lawfulness of the removal orders.
“There is no doubt the balance of convenience falls on the side of the claimants,” James Lewis KC, chief justice of the British Indian Ocean Territory (BIOT), said.
“They are 120 miles (193km) from Diego Garcia and pose no threat to national security on the evidence before me. If they are deported they will have great difficulties in returning.”
The judge said the British administrators of the Chagos Islands had seven days to respond to the ruling.
The lawyers supporting the Chagossians said they were prepared to go to court if the removal orders were not dropped.
An FCDO spokesperson said: “It remains both illegal and unsafe to enter the outer Chagos islands without a valid permit.
“The UK government recognises the importance of the islands to the Chagossian community and is working with Mauritius to resume a programme of heritage visits to the Chagos Archipelago. This kind of illegal, unsafe action is not the way to achieve that.”
They added: “The vessel does not pose any security risk to Diego Garcia.”
Misley Mandarin, one of the British-Chagossians who journeyed to the territory, said he had come “peacefully, respectfully, and without threat to anyone – simply to stand on our homeland again”.
He said he and the other four men “remain committed to pursuing our rights lawfully, with dignity and determination.”
He had told the BBC the British would have to “drag me from my beach” and “kill me” if they wanted him to leave.
Mandarin and the other three Chagossians on the islands are backed by the Great British PAC, a right-wing British political pressure group.
Their visit to the territory is being funded by donations organised by the group, which is campaigning against the British government’s Chagos Islands deal.
One of Manarin’s lawyers, barrister James Tumbridge, said the BIOT and FCDO “had ignored our requests for permits, but the judge was willing to take an urgent application and deal with it whilst flying over Africa”.
“This injunction gives a proper chance to understand when a deportation is appropriate,” he said.
