NEW DELHI: A Sri Lankan asylum seeker stranded alone on the British military outpost of Diego Garcia is to be transferred to the Maldives after the High Court in London intervened in an emergency hearing triggered by security threats to the island.
The man, identified in court as KP, a standard anonymity practice in UK asylum cases, had asked the court to order the UK government to allow him onto an evacuation flight and admit him into the UK.
KP, a Sri Lankan national who was allegedly tortured, sexually assaulted and abused by Sri Lankan military personnel, fled to India before leaving by boat with others, intending to reach Canada. He arrived on Diego Garcia on 3rd October 2021 after the boat encountered difficulty and was escorted by the Royal Navy to the island.
While most of the roughly 60 migrants from the same group were later relocated, he remained the only migrant left, largely due to criminal convictions including sexual assault and arson committed during his stay, for which he received a suspended prison sentence.
The case took on urgency after rising security risks linked to tensions with Iran led authorities to assess the island as unsafe for non-essential personnel. Air raid alerts were sounded in March, and plans were made to evacuate civilian staff. KP, who had no independent means of leaving the island, faced the prospect of being left behind as support services were withdrawn.
Evidence before the court showed he had a history of acute mental health crises, including multiple incidents of self-harm, though more recent assessments indicated improved stability and behavioural control. His lawyers argued that the UK, having assumed responsibility for him, could not lawfully leave him in an inherently dangerous and isolated environment without a clear evacuation plan.
The government maintained that KP had no legal right to enter the UK and cited public safety and immigration control concerns, while continuing efforts to secure his transfer to a third country.
During the hearing, officials said sustained diplomatic efforts, involving approaches to more than 20 countries, had led to the Maldives agreeing in principle to accept KP for a temporary period of 30 days. The transfer, to be carried out by air shortly after the evacuation flight, includes medical support and an assurance that he will not be returned to Sri Lanka.
In his ruling on 26th March, Justice Kimblin said that while KP’s case for entry into the UK would ordinarily fall short of the high threshold required, the combination of factors, including the security threat, the withdrawal of civilian support and his unique circumstances on a remote military base, made the situation exceptional.
The court stopped short of ordering the UK to admit him, instead endorsing the Maldives transfer as a practical solution that would remove him from immediate risk while preserving the government’s immigration position. The judge noted that the circumstances were highly unusual and unlikely to set a wider precedent.
The case highlights a gap in how the UK handles migrants in offshore territories under its control, where individuals may fall outside conventional immigration frameworks but remain dependent on the state for their safety.
What happens after KP’s proposed 30-day stay in the Maldives remains uncertain, with the court leaving open the possibility of further legal action if a longer-term solution is not found.
