R (Mandarin) v HM Commissioner for the British Indian Ocean Territory

The BIOT Court of Appeal allowed the Commissioner’s appeal on all grounds. The Respondents cross-appeal was dismissed.

The Court held:

1. The Chief Justice erred in law in finding that the BIOT Supreme Court had jurisdiction to consider the lawfulness of section 9 of the BIOT Constitution Order 2004.
2. The hearing before the BIOT Supreme Court had been procedurally unfair, as the Chief Justice had allowed a wholesale departure from the Respondents’ pleaded case.
3. The Chief Justice had erred by failing to follow relevant judgments of the UK House of Lords and Supreme Court, and in particular R (Bancoult) v Secretary of State for Foreign and Commonwealth Affairs [2008] UKHL 61.
4. The Chief Justice had erred in finding that removal notices issued to people who had arrived unlawfully in the BIOT were unlawful on the grounds of procedural fairness.

The Commissioner was represented by Jason Pobjoy KC.

The Secretary of State for Foreign and Commonwealth Affairs was represented by Sir James Eadie KC and Kieron Beale KC.

Human Rights Watch, which intervened in the appeal, was represented by Ben Jaffey KC, Natasha Simonsen and Abe Chauhan.

A copy of the judgment is available here.

Press reporting of the decision is available at The Independent and The Telegraph.