R (Bancoult) v Secretary of State for Foreign and Commonwealth Affairs [2008] UKHL 61

House of Lords

Facts: The Chagossians were forcibly removed from the Chagos Islands by the UK government in 1971 to make way for a U.S. military base. An earlier judicial review found that their removal was unlawful. Despite this, the UK government later issued Orders in Council preventing the Chagossians from returning, citing practical and defense reasons. The Chagossians challenged these Orders, arguing that the government’s earlier promises gave rise to a legitimate expectation that they would be allowed to return.

Held: The House of Lords allowed the appeal, overturning the lower court decisions. It held that the government’s statements did not constitute a clear, unambiguous promise that the Chagossians would be allowed to return even if resettlement was not feasible. The decision to reimpose immigration control was not unreasonable or an abuse of power, considering the overriding public interest in maintaining the military base and the lack of clear, unqualified promises.

Judicial Statement: Lord Hoffmann emphasized that a legitimate expectation requires a promise that is “clear, unambiguous and devoid of relevant qualification.” The statements made did not meet this standard as they did not assure a right to return irrespective of resettlement feasibility.