Transcription of R (on the application of Bancoult No 3) (Appellant) v ...
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R (on the application of Bancoult No 3) (Appellant) v ...
Hilary Term [2018] UKSC 3 On appeal from: [2014] EWCA Civ 708 JUDGMENT R (on the application of Bancoult No 3) (Appellant) v Secretary of State for foreign and commonwealth affairs (Respondent) before Lord Neuberger Lady Hale Lord Mance Lord Kerr Lord Clarke Lord Sumption Lord Reed JUDGMENT GIVEN ON 8 February 2018 Heard on 28 and 29 June 2017 Appellant Respondent Nigel Pleming QC Steven Kovats QC Richard Wald Professor Malcolm Shaw QC Stephen Kosmin Penelope Nevill Professor Robert McCorquodale (Instructed by Clifford Chance LLP) (Instructed by The Government Legal Department) Page 2 LORD MANCE: (with whom Lord Neuberger, Lord Clarke and Lord Reed agree) Introduction 1. The appellant is the chair of the Chagos Refugees Group. The Group represents Chagossians whose removal from the British Indian Overseas Territory (the Chagos Islands - BIOT ) and resettlement elsewhere was procured by the United Kingdom government in the years 1971 to 1973.
Foreign and Commonwealth Affairs (No 2) [2008] UKHL 61; [2009] AC 453 and most recently in R (Bancoult) v Secretary of State for Foreign and Commonwealth Affairs (No 4) [2016] UKSC 35; [2017] AC 300. Following the last two decisions, it remains prohibited, under the BIOT Constitution and Immigration Orders 2004,
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