Supreme Court orders restoration of previous visa processing scheme

The Supreme Court yesterday ordered authorities to revert to the previous visa processing arrangement and suspend the service and convenience fees imposed under the outsourced arrangement, the legality and rationality of which are under challenge by multiple stakeholders. 

The move follows the Court yesterday granting interim reliefs prayed for by seven different petitions. 

Maintaining the status quo as it existed before the implementation of the Cabinet decision and preventing the charging of any service fees or convenience fees until the final hearing and determination of the applications were among several interim orders sought via litigation.

The Court’s decision means the Department of Immigration and Emigration will revert to the service provided by SLT-Mobitel.

Seven different petitions filed by multiple parties against the new visa scheme of the country which has stirred much controversy and allegations of corruption, were taken up yesterday by the Supreme Court. 

Among those who have challenged the legality and rationality of the controversial outsourcing of the visa process include collective action by seven travel and tourism industry associations, the Transparency International Sri Lanka, good governance activists Dr. Rohan Pethiyagoda and Chandra Jayaratne as well as MPs Patali Champika Ranawaka, M.A. Sumanthiran, and Rauff Hakeem.

The petitions cited 28 respondents including Public Security Minister Tiran Alles, 17 other Cabinet Ministers, Controller General of Immigration and Emigration, as well as the parties involved in the outsourced visa processing GBS Technology Services and IVS Global-FZCO, IFZA Dubai Digital Park, and VF Worldwide Holdings Ltd., Dubai.

The unprecedented action was following the new visa process being viewed a violation of the law and the rules of natural justice, as well as being non-transparent and non-consultative sans competitive bidding.

It has also been termed as detrimental to the travel and industry, as it has created confusion and chaos in a system that was otherwise very simple, user-friendly, and well accepted as one of the best in the region.

The Sri Lanka Association of Inbound Tour Operators (SLAITO), The Hotels Association of Sri Lanka (THASL), the Association of Small and Medium Enterprises in Tourism (ASMET), the Sri Lanka Association of Professional Conference, Exhibition & Event Organisers (SLAPCEO), the Sri Lanka Hospitality Graduates Association (SLHGA), and the Tourism Alliance in their joint petition said the new visa process was detrimental to the industry as it has created confusion and chaos in a system that was otherwise very simple, user friendly, and well accepted as one of the best in the region.

The associations contended that the approval of visa outsourcing was in violation of the law, the rules of natural justice, legitimate expectation and/or legal rights of the Petitioners, and in violation of the Fundamental Rights of the Petitioners and the general public. The move has been described as non-transparent and non-consultative and there was no competitive bidding process.

Since the new arrangement came into force, the visa fee for a foreigner saw an increase of $ 18.50 as service fee and $ 7.27 as convenience fee for the benefit of the parties handling the outsourced arrangement. This saw the effective cost of a standard visitor visa for non-SAARC regions rise to $ 100.77 from $ 75. Another issue was that even those nationals from the seven countries which come under the category of free-visa online are subject to the service fee and convenience fee.

The industry has previously voiced their serious concern as the Sri Lanka visa regime has suddenly become uncompetitive in comparison to destinations such as Malaysia and Thailand.

The seven associations in their Petition alleged that the Government’s outsourcing move was in violation of the Immigrants and Emigrants Act, tender guidelines law, and the Right to Information Act, and is ultra vires, arbitrary, unreasonable, and wholly illegal.