Secretary of State for the Foreign & Commonwealth Affairs v Bancoult, R (on the application of) [2007] EWCA Civ 498 (23 May 2007)

Secretary of State for the Foreign & Commonwealth Affairs v Bancoult, R (on the application of) [2007] EWCA Civ 498 (23 May 2007)

Orders in Council made under the royal prerogative for colonial governance are amenable to judicial review where the subject matter is justiciable. The Colonial Laws Validity Act 1865 does not preclude such review. The Orders in Council exiling the Chagossians were not made for the peace, order, and good government of the BIOT but for the interests of the United Kingdom and United States, and thus constituted an abuse of power and were ultra vires or irrational. The Orders were therefore invalid.

Citation
[2007] EWCA Civ 498
Parties
Appellant Defendant: Secretary of State for the Foreign and Commonwealth Affairs; Respondent Claimant: The Queen (on the application of Bancoult)
Jurisdiction
England and Wales
Judgment Date
23 May 2007
Procedural Posture
Appeal From Divisional Court (administrative) / Court of Appeal Judgment
Outcome
Appeal dismissed; Orders in Council declared invalid
Legal Topics
Royal Prerogative, Judicial Review, Colonial Governance, Ultra Vires, Legitimate Expectation, Irrationality, Orders in Council
Constitutional Law Administrative Law Public Law Royal Prerogative Judicial Review Colonial Governance Ultra Vires Legitimate Expectation +2 more

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Parties

Secretary of State for the Foreign and Commonwealth Affairs

Appellant Defendant

The Queen (on the application of Bancoult)

Respondent Claimant

Procedural Posture

Appeal From Divisional Court (administrative) / Court of Appeal Judgment

Legal Issues

  1. 1 Whether Orders in Council made under the royal prerogative for the British Indian Ocean Territory (BIOT) are amenable to judicial review
  2. 2 Whether the Colonial Laws Validity Act 1865 precludes such review
  3. 3 Whether the Orders in Council exiling the Chagossians were ultra vires or irrational

Ratio Decidendi

Orders in Council made under the royal prerogative for colonial governance are amenable to judicial review where the subject matter is justiciable. The Colonial Laws Validity Act 1865 does not preclude such review. The Orders in Council exiling the Chagossians were not made for the peace, order, and good government of the BIOT but for the interests of the United Kingdom and United States, and thus constituted an abuse of power and were ultra vires or irrational. The Orders were therefore invalid.

Court Disposition

Appeal dismissed; Orders in Council declared invalid

Orders

  • The Orders in Council of 2004 preventing the return of the Chagossians to the BIOT are quashed.
  • The government is restrained from enforcing the Orders in Council to prevent the return of the Chagossians.