Supreme Court rejects petition to halt deportation of asylum seekers
Tuesday, 30 September 2014 01:32
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The Supreme Court yesterday upholding a lower Court ruling dismissed a plea sought to stop the deportation of Pakistani and Afghan asylum seekers in Sri Lanka.
Following the ruling by the Court of Appeal on 1 September which allowed the Sri Lankan Government to resume deportations of the asylum seekers back to the countries they fled from, six human rights defenders petitioned the Supreme Court to challenge the deportations.
The petitioners argued that the decision taken by the Government to deport the asylum seekers was illegal and endangered their lives.
The counsel representing the Government argued that the Government has every right to deport foreign nationals staying in the country without valid visa.
The Government argued that it has no responsibility to them as Sri Lanka is not a signatory to the 1951 Refugee Convention, although it offers asylum to a considerable number of refugees.
After considering the arguments from both sides the three-member bench of the apex court ruled that facts were insufficient to hear the petition. Sri Lanka said last month that there are over 1,500 Pakistani and Afghan nationals who were staying in the country illegally, draining the island’s resources.
The Government said the influx of asylum seekers, mostly Pakistanis, has resulted in serious law and order, security and health-related issues for the authorities while the country is burdened and the United Nations refugee agency, UNHCR, is too slow to process their cases and resettle them.
The UNHCR said Sri Lanka’s deportation of the refugees back to the places where they fled from is a violation of international law and called on the Sri Lankan Government to immediately halt deportations.
The Government resumed arrests and deportations from 3 September after the Court of Appeal gave permission to detain and deport the asylum seekers back to the countries from where they fled.
According to the UNHCR, Sri Lanka is bound by observance of the of non-refoulement law which prohibits the return of refugees to territory where they face danger.
