# UK court clears path for Chagos handover to Mauritius

> A British court rules islanders' right to return must be decided in England, not locally, moving the government closer to its controversial deal.
- Title: UK court clears path for Chagos handover to Mauritius
- Summary: A British court rules islanders' right to return must be decided in England, not locally, moving the government closer to its controversial deal.
- Keywords: chagos islands, mauritius, diego garcia, british indian ocean territories, keir starmer, andy burnham, court of appeal, right of abode, The Independent
- Source: The Independent — https://independent.co.uk/news/uk/politics/chagos-islands-diego-garcia-andy-burnham-donald-trump-legal-case-b3083799.html
- Published: 2026-11-12T12:44:24+00:00
- Read time: 2 min
- Topics: chagos islands, mauritius, diego garcia, british indian ocean territories, keir starmer, andy burnham, court of appeal, right of abode, politics, news
## Court rules on islanders' return rights
The British Indian Ocean Territories court of appeal ruled that Chagos islanders' right of abode cannot be decided by the BIOT court. The decision must go to England's Court of Appeal instead.
## Background to the Chagos dispute
Chagossians were removed from the islands in the 1960s and 1970s on the basis of national security because of concerns over the security of the Diego Garcia airbase.
## Last year's ruling overturned
A BIOT court judge had ruled that facts had changed and islanders who reoccupied one island could not be removed and now had a right of abode. The appeal court disagreed.
## The government's Mauritius deal
Sir Keir Starmer agreed in 2024 to hand the Chagos Islands to Mauritius and pay thirty billion pounds to lease back the Diego Garcia airbase.The deal has faced delays after Donald Trump withdrew US support.
## Islanders' lawyer vows to continue fight
James Tumbridge, acting for the islanders, said the case will go to the Judicial Committee of the Privy Council, which meets in Bermuda in April next year.

> We fight on.
## Islanders claim procedural error
A representative of the islanders said the judges made a howling error, noting that the Diego Garcia bill fell in parliament and was not carried over, so the government must start again from scratch.
## Burnham wants resolution by year end
Andy Burnham has not yet clarified whether he will push ahead with the Mauritius deal, but early indications suggest the policy has not changed. He wants the issue resolved by the end of the year.
## US consent required for any deal
Defence secretary Wes Streeting stated that any deal would need the consent of the US, who share the Diego Garcia base. The case will now be heard in London next year.
## Key takeaway

The British Indian Ocean Territories court of appeal ruled that Chagos islanders' right of abode must be decided by England's Court of Appeal, advancing the UK government's plan to hand the islands to Mauritius.