R v Secretary of State for Foreign and Commonwealth Affairs, ex p Bancoult (No 1)

R v Secretary of State for Foreign and Commonwealth Affairs, ex p Bancoult (No 1) [2000] EWHC Admin 413 was a 2000 legal case in which Olivier Bancoult sought a judicial review of the ordinance which allowed the Chaggosian people to be forcibly removed from their homeland. The Divisional Court ruled that the ordinance that allowed the removal was "ultra vires" as the power to legislate for "peace, order and good governance" of the territory did not include a power to expel the inhabitants.^[1]

R v Secretary of State for Foreign and Commonwealth Affairs, ex p Bancoult (No 1)
Court	High Court of Justice
Citation(s)	[2000] EWHC Admin 413

The ordinance was replaced by an Order in Council, and in R v Secretary of State for Foreign and Commonwealth Affairs, ex p Bancoult (No 2) this was upheld as legal by the House of Lords in a 3-2 judgment.

References

1. Westra, L. (2011), Human Rights: The Commons of the Collective, Vancouver: UBC Press, p. 186