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US prevents British court from exercising jurisdiction in British territory

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US Blocks British Court Hearing on Diego Garcia Due to Security Concerns

The US government has blocked a British court hearing from taking place on the British territory of Diego Garcia, citing security concerns. The supreme court of British Indian Ocean Territory (Biot) was set to hold a hearing this week on whether a group of migrants was being unlawfully detained on the island, which hosts a secretive UK-US military base.

The US last week withdrew its consent for lawyers representing the migrants and members of the press, including the BBC, to access the island. It cited security and operational concerns and stated that it would not allow participants of the hearing to board US military flights to Diego Garcia or provide transport, accommodation, or food until its concerns were addressed.

The cancellation of the hearing has been described as a devastating blow to the vulnerable clients represented by UK firm Leigh Day. The migrants, who arrived on the island in October 2021, have been seeking asylum after fleeing persecution.

The US military commander on the island raised security concerns related to a site visit that was scheduled as part of the hearing, which was meant to include the migrant camp and other areas of Diego Garcia. The exact nature of these concerns has not been disclosed.

Diego Garcia, part of the Chagos Islands, has been a point of contention between the UK and Mauritius, with the United Nations ruling the UK’s administration of the territory as unlawful. The US has control over most personnel and resources on the island, using it as a strategic military base.

The UK government has confirmed that rendition flights landed on the territory in 2002, and there have been reports of complex legal battles and poor conditions for migrants on the island. The Foreign Office has stated that it is working to process the migrants’ claims for protection and find a suitable third country for resettlement.

As discussions between the UK and US governments continue, the fate of the migrants on Diego Garcia remains uncertain. The cancellation of the court hearing has raised questions about transparency and accountability in the handling of asylum seekers on the island.

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