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Judges Rule On Families Visiting Diego
Three leading judges are to rule on whether families expelled from the Chagos Islands by the British to make way for a US airbase have the right to return home.
Foreign Secretary Margaret Beckett took the case to the Court of Appeal after two High Court judges found for the Chagossians. She said there were issues of "great constitutional importance" in the appeal against the victory for the islanders who were forced from their homes in the 1960s and 1970s to make way for the base on Diego Garcia. The Master of the Rolls, Sir Anthony Clarke, and two other judges, who heard the case in February, reserved their ruling until today. The High Court judges condemned as "repugnant" the British Government's decision to "exile a whole population" from the Indian Ocean on the basis that it was necessary for peace, order and good government. Lord Justice Hooper and Mr Justice Cresswell ruled that the interests of the islanders from the British Indian Ocean Territory had been ignored and that orders made under the the royal prerogative to prevent their return were irrational and unlawful. Because of the importance of the decision, which included a declaration that orders made under the royal prerogative are not immune from judicial review, the judges gave the Government permission to appeal. At the hearing, John Howell QC, for the Foreign Secretary, argued that the High Court judges had erred in law and misdirected themselves when reaching their decision. Mr Howell told the appeal judges: "This appeal raises issues of constitutional law of great importance." He said those issues concerned "the constitutional relationship between this country and British overseas territories". If the approach of the High Court was correct it represented a "revolutionary change in the constitutional law involved, which will affect all British overseas territories". |
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chagos
sorry where is your matter in this case these population have win their battle to return to there home right island.the misery they been having in mauritius and when they were moving out from there island, i give them great credit for what they been achieve after a long battle. that is there home they have the right to go to visit .
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