Court of Appeal Upholds Removal Orders Against 4 Chagossians on Île du Coin

The Court of Appeal of the British Indian Ocean Territory has ruled that removal notices ordering four Chagossians to leave Île du Coin in the Chagos Archipelago are lawful. The decision, delivered on November 12, 2026, overturns a lower court ruling in their favour. The four British nationals of Chagossian origin - Misley Mandarin, Louis Michel Mandarin, Louis Antoine Lemettre, and Guy Shane Adrien Castel - had landed on Île du Coin without prior authorisation on February 16, 2026.

The BIOT Commissioner served the men with removal notices on February 18, 2026, which they refused to comply with. A court injunction was secured on February 20, 2026, blocking their removal. The BIOT Supreme Court had previously ruled in their favour on March 31, 2026, quashing the removal notices and declaring Section 9 of the 2004 Constitution Order unlawful. However, the Court of Appeal found that the BIOT Supreme Court lacked jurisdiction to examine the legality of Section 9.

The Court of Appeal's decision validates the removal notices, but does not specify the arrangements or a date for their potential removal. The judges stated that any challenge to the legality of Section 9 must be brought before courts in the UK rather than those of the BIOT. They also ruled that the Supreme Court had erred in quashing the February 18 removal notices.

The four Chagossians had argued that their forced removal and the ban on Chagossians residing in their homeland could constitute crimes against humanity. However, the Court of Appeal rejected all of their arguments, noting that no charges relating to alleged crimes against humanity in the BIOT had been brought.

The ruling comes amid sensitive diplomatic discussions between Mauritius and the United Kingdom regarding the future of the Chagos Archipelago. Under a treaty signed in May 2025, sovereignty over the archipelago is set to be transferred to Mauritius. However, the UK legislation required to incorporate the agreement into domestic law has not yet received Royal Assent.

The case has exposed divisions within the Chagossian community itself. Olivier Bancoult, leader of the Chagos Refugees Group, denounced the landing by Misley Mandarin's group, stating that established procedures had not been respected. The Court of Appeal also dismissed a cross-appeal lodged by the four men challenging their exclusion from the territory.

The Court of Appeal's decision concludes a lengthy legal battle, but the fate of the four Chagossians remains uncertain. The ruling highlights the complexities surrounding the Chagos Archipelago's future and the rights of its inhabitants.

Key points

• The Court of Appeal upheld the removal orders against the four Chagossians.
• The decision was based on the BIOT Supreme Court's lack of jurisdiction to examine the legality of Section 9 of the 2004 Constitution Order.
• The ruling comes amid sensitive diplomatic discussions between Mauritius and the UK regarding the Chagos Archipelago's future.