Simon Robinson

Who? Simon Robinson, solicitor, Duncan Lewis.

Why is he in the news? Represented Sri Lankan Tamil asylum seekers who the acting judge of the Supreme Court of the British Indian Ocean Territory ruled last month were unlawfully detained for three years on the remote island of Diego Garcia. In October 2021, most of the claimants fell into distress close to the British Indian Ocean Territory while en route from Sri Lanka to Canada, where they intended to claim international protection. They were rescued by the Royal Navy and taken to Diego Garcia. One of the firm’s clients arrived on a second boat in April 2022.

Thoughts on the case: ‘The unlawful detention claim was part (albeit a large part) of much wider strategic litigation. We challenged other issues too, such as the government’s process for deciding asylum claims, access to legal aid, and the applicability of other legislation in the British Indian Ocean Territory including the Children Act 1989. The case is, primarily, a vindication for our clients, and for others detained on Diego Garcia. Their experience has been shocking. It has been denied they were even detained for so long. The remoteness of where they were meant it was hard for them to make their voice heard, and even harder for them to know that they were being heard. The judgment makes clear that they were listened to and their experiences were taken seriously. The site visit, which was such an important decision by the court, proved to be important to the determination of the issues. A site visit is rarely ordered in judicial review proceedings. The case has been fascinating to work on, legally complex, emotionally moving, and interlinked with important geopolitical developments.’

A UK government spokesperson said: ‘Diego Garcia has never been a suitable long-term location for migrants which is why we have now relocated almost all of those housed on the island to the UK as a one-off measure to ensure their continued welfare and safety. We are carefully considering this judgment.’

Dealing with the media: ‘The remote location of our clients, and their limited access to means of communication, has meant that proper scrutiny and exposure of their situation has been difficult to achieve. The court recognised the importance of open justice in the circumstances and ordered that the press be able to attend. A BBC journalist, Alice Cuddy, attended the court hearing in the territory, including the site visit. She was the first mainstream journalist to visit the island. Other journalists have also been involved from the start, such as Diane Taylor at the Guardian and Simon Israel at Channel 4.’

Career high: ‘Working with the team of lawyers on this case – the team at Duncan Lewis have been exceptional, but also alongside Leigh Day, and counsel at Matrix and Blackstone.’

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