UK Policy: British-Held Asylum Seeker Dies in Eswatini

• Kishanth Peramaiya, a Sri Lankan Tamil asylum seeker, died by apparent suicide in Mbabane, Eswatini, on September 13, after nearly five years in British custody.
• He was granted international protection by the British Indian Ocean Territory (BIOT) administration in September 2021 but was denied entry to the UK due to criminal convictions or investigations.
• Peramaiya's transfer to Eswatini, where he was expected to reside permanently under a UK-Eswatini agreement, appears to be the first publicly documented instance of such a permanent resettlement after a British authority granted international protection.
• UK authorities were reportedly aware of Peramaiya's suicidality for years, raising concerns about the duty of care in his transfer.
• The BIOT Supreme Court ruled in December 2024, after Peramaiya's death, that the detention of asylum seekers on Diego Garcia had been unlawful.

UK authorities were reportedly aware of Peramaiya's suicidality for years, raising serious questions about the decision-making process that led to his transfer and permanent resettlement in a third country.

Kishanth Peramaiya, a 36-year-old Sri Lankan Tamil asylum seeker, died by apparent suicide on September 13 in Mbabane, Eswatini's largest city. His death, reported by local news and relatives, marks a somber conclusion to nearly five years spent in British custody and a subsequent period of legal uncertainty across multiple countries.

Peramaiya was among 89 Tamil asylum seekers rescued by the Royal Navy in October 2021 after their fishing vessel encountered difficulties near Diego Garcia, an island within the British Indian Ocean Territory (BIOT). While hundreds of others who arrived later either returned to Sri Lanka or departed for Mauritius or Réunion, approximately 60 individuals, including Peramaiya, remained in BIOT custody. They were housed in a fenced tent camp within the tightly controlled UK-US military facility on Diego Garcia, enduring challenging conditions such as rat infestations, deteriorating health, and strict movement restrictions.

Two years prior to his death, in September 2021, the BIOT administration had granted Peramaiya international protection, preventing his forced return to Sri Lanka. However, unlike most of his fellow detainees who were approved to enter the UK in November 2024, Peramaiya was denied entry. This exclusion stemmed from his conviction for crimes or ongoing criminal investigations during his detention. His mother reported that he was transferred from Diego Garcia to the Maldives six months before his death, citing the US-Iran war, and then to Eswatini a month later, where he received two successive three-month visas, the second of which was due to expire on September 20.

The circumstances surrounding Kishanth Peramaiya's transfer to Eswatini and his subsequent death highlight significant questions regarding British international protection policy. His case is particularly notable as it appears to be the first publicly documented instance of an asylum seeker granted international protection by a British authority being permanently resettled in a different country. Local Eswatini media, including Swaziland News, reported in July on an agreement between the UK and Eswatini governments that allowed Peramaiya to reside permanently in the country. This agreement stipulated that the UK would cover costs for up to three years, after which the relocated migrant was expected to become self-sustaining within Eswatini society.

Peramaiya's exclusion from entering the UK, despite being granted international protection, was due to criminal convictions or ongoing investigations. Another individual from his group is serving a three-year sentence in Montserrat for child sexual offenses, while a third was reportedly serving a sentence on Diego Garcia for an undisclosed crime as of April 2026. This contrasts sharply with the majority of the group, who were approved for UK entry. Adding to the legal complexities, the BIOT Supreme Court ruled in December 2024, after Peramaiya's death, that the detention of these asylum seekers on the island had been unlawful.

This UK asylum Eswatini transfer draws comparisons to the UK's 2022 plan to send asylum seekers from the UK to Rwanda for processing, a scheme that faced legal challenges and was ultimately scrapped in 2024 before any transfers occurred. Notably, three asylum seekers sent from Diego Garcia to Rwanda in 2023 for medical treatment reported experiencing harassment and threats there, including from a hospital worker, underscoring potential risks associated with such international arrangements.

The death of Kishanth Peramaiya in Eswatini has intensified scrutiny on the UK's duty of care for vulnerable individuals within its international protection framework. Crucially, UK authorities were reportedly aware of Peramaiya's suicidality for years, raising serious questions about the decision-making process that led to his transfer and permanent resettlement in a third country. This situation, according to analysis by London-based GSC Solicitors, underscores the inherent complexities of balancing humanitarian considerations with public safety concerns in asylum cases.

An Eswatini lawmaker publicly criticized the country's prime minister for accepting Peramaiya, accusing the government of turning the nation into a "dumping ground" for individuals described as "delinquent." This criticism highlights the reputational and political risks for recipient countries involved in such agreements. The British-held asylum seeker Eswatini death brings into sharp focus the broader implications of the UK's international protection policy, particularly when dealing with individuals deemed to pose a public safety risk but who also require international protection. The case demands a thorough examination of the safeguards and due diligence applied in agreements like the UK asylum Eswatini transfer, especially concerning the welfare of individuals with known vulnerabilities.

This case highlights the significant legal and reputational risks for governments involved in international asylum transfers, particularly concerning the duty of care for vulnerable individuals and the legality of resettlement agreements with third countries. Lawyers advising on immigration, human rights, or international law should scrutinize such agreements for potential liabilities and ensure robust due diligence on recipient states and individual welfare.

Source: Original reporting via The New Humanitarian