Category: News

Immigration and Emigration officers at the Bandaranaike International Airport (BIA) have urged the authorities to comply with the Supreme Court’s (SC) decision by reverting to the Electronic Travel Authorisation (ETA) system from the VFS e-visa system without any further delay, in order to avoid long queues for visa applicants.

The delay, they alleged, could result in serious economic losses as the country approaches the tourism season, which is expected to bring an influx of tourists. Although the process does not affect arrival visas, the officers anticipate significant delays due to the increasing number of applicants at on-arrival visa counters at the BIA.

Authorities should have been able to revert to the older ETA version within 24 hours, considering that the transition to the new e-visa system by VFS was completed within five hours. However, the Department of Immigration and Emigration has yet to restore the status quo as it was before the Cabinet decision, which re-enacted the previous ETA process.

‘The authorities must comply’

Speaking to The Sunday Morning, Sri Lanka Immigration and Emigration Officers’ Association (SLIEOA) President Jayantha Ratnayake said: “The SC has issued a verdict to restore the status quo as it was before the Cabinet decision was implemented on 17 April. They haven’t restored it yet.

“I was informed by one of the petitioners that they will approach the courts again if the authorities fail to revert to the old version. The authorities must comply with the SC decision.”

When asked whether there were technical difficulties in reverting to the previous ETA process, Ratnayake said the authorities had switched to the new e-visa system within five hours from the ETA system, which had been implemented for nearly 12 years, and should be able to do the same in reverse.

“They managed it within five hours when shifting to e-visa from ETA. Therefore, they should be able to shift back to ETA from e-visa just as quickly. The immediate supervising officer of the IT Branch of the Department of Immigration and Emigration, Controller IT Indika Herath, and the Controller General of Immigration and Emigration Harsha Ilukpitiya are responsible for implementing this,” Ratnayake emphasised.

“As a result of this delay, many foreign nationals are facing difficulties. They can’t enter, especially from countries like Pakistan, Iraq, Myanmar, and Nepal, which require prior visas before arriving in Sri Lanka. Other countries can obtain on-arrival visas, but several countries cannot. Even yesterday, one entrepreneur requested a VVIP passenger form from Bangladesh, but it was not possible,” he added.

It has been over a week since the SC issued an interim order halting the Cabinet’s decision to outsource visa application processing to the consortium led by GBS Technology Services, IVS Global FZCO, and VFS VF Worldwide Holdings Ltd. The court also directed the authorities to restore the status quo as it was before the Cabinet decision. According to the SC decision, this suspension will remain in effect until the petitions are fully resolved.

The two visa systems

The ETA, an online visa authorisation facility, was introduced by the Department of Immigration and Emigration of Sri Lanka on 1 October 2011 on a trial basis and became fully operational on 1 January 2012.

Initially, the ETA was limited to 30 days from the date of arrival and could be extended up to six months. Foreign nationals intending to visit Sri Lanka for a short stay of up to six months were required to obtain an ETA before their arrival from 1 January 2012. The ETA was issued through the online system at www.eta.gov.lk. No passport copies, documents, or photographs were required, and there was no need to endorse the ETA in the passport.

Previously, if an applicant intended to visit Sri Lanka for one month or less, they could obtain the ETA on the official website www.eta.gov.lk (before it was replaced by e-visa). For stays longer than one month, a visa had to be obtained at the Embassy of Sri Lanka.

Several months ago, the Department of Immigration and Emigration entered into a tripartite agreement with GBS Technology Services and IVS Global FZCO as the prime contractor and VFS Global as the technology partner for the new e-visa system, replacing the previous ETA. The cost of Sri Lanka’s visa fees has significantly increased with the introduction of the new e-visa system.

The new system added a $ 18.50 service charge to each visa and the single-entry $ 50 visa for 30 days, previously the least expensive option, had been discontinued. Previously, a double-entry visa cost $ 50 ($ 30 for South Asia) plus a $ 1 processing fee through the ETA portal. Now, the cost on the VFS Global website has risen to $ 100.77, including a $ 18.50 service charge and a $ 7.27 ‘convenience fee’.

The SC order

VFS Global, headquartered in Zurich and Dubai, and backed by Blackstone, the Kuoni and Hugentobler Foundation, and EQT, collaborates with 67 governments and operates over 3,300 visa application centres in 151 countries. Since its founding in 2001, it has processed over 285 million visa applications.

In Sri Lanka, VFS Global has been active since 2004, managing visa applications for 23 governments, including major countries and Schengen states. It operates six visa centres in Colombo and Jaffna and has processed over 3.2 million applications.

The new visa facilitation system, which replaced the previous quick ETA process, encountered new controversy over visa denials. Several fundamental rights petitions were filed in the SC challenging procedural violations and misuse of public trust by officials in the procurement of private entities to handle the ETA system for the issuance of visas for tourists visiting Sri Lanka.

After considering several fundamental rights petitions, including one filed by members of the Committee on Public Finance (COPF), MPs M.A. Sumanthiran PC, Rauff Hakeem, and Patali Champika Ranawaka; as well as another from Transparency International Sri Lanka (TISL); the SC suspended the e-visa system. The order was issued by a three-judge bench comprising Justices Preethi Padman Surasena, Kumudini Wickremasinghe, and Achala Wengappuli.

The petitioners challenged the procedural violations and misuse of public trust by officials in the procurement process for private entities managing the ETA system for tourist visas to Sri Lanka. The petitioners have named Minister of Public Security Tiran Alles, Ministry Secretary Viyani Gunathilaka, the Cabinet of Ministers, and other officials as respondents.

In this context, when The Sunday Morning contacted Public Security Ministry Secretary Gunathilaka, he said the Department of Immigration and Emigration was currently discussing with Sri Lanka Mobitel to revert to the old ETA visa process. “The discussions are ongoing, and we will act according to the SC decision,” he said.

When asked about the delay, Gunathilaka stated that the authority to implement the system lay with the Department of Immigration and Emigration, and added that there were no technical difficulties.

Meanwhile, addressing the media last Friday (9), Public Security Minister Alles stated that reverting to the old visa system was problematic due to changes in the IT system mandated by new regulations passed by Parliament.

Following the Supreme Court’s decision, discussions with Mobitel have revealed that the IT system’s switch-off prevents immediate reactivation of the old system.

Alles said that the reason for not reverting to the old system was the inability to simply switch back the IT system. He noted that new regulations may need to be passed or submissions may need to be filed with the Supreme Court.

The Attorney General is currently reviewing the situation. The Minister also said that their representatives had not been able to make submissions because they had not received the relevant case papers on time, with Mobitel facing similar issues.

Multiple attempts made to contact Sri Lanka Tourism Promotion Bureau (SLTPB) Chairman Chalaka Gajabahu were futile, while The Hotels Association of Sri Lanka (THASL) President M. Shanthikumar and Sri Lanka Tourism Development Authority (SLTDA) Chairman Priantha Fernando were both overseas.

European Union and Commonwealth election observers have been authorized to monitor the upcoming presidential election.

This follows a request made by the bodies to the Election Commission.

Chairman of the National Election Commission R.M.A.L. Ratnayake saidthat the relevant groups have been granted permission to engage in monitoring activities starting from the pre-election period.

Meanwhile, local monitoring groups, including People’s Action for Free and Fair Elections or PAFFREL are also preparing for the presidential election monitoring process.

Sri Lanka Podujana Peramuna National List MP, former State Minister Dr. Sudarshanee Fernandopulle, has pledged her support for Sajith Premadasa in the upcoming presidential election.

She announced her decision after a meeting with Sajith Premadasa this morning.

The group of Sri Lanka Podujana Peramuna (SLPP) members who decided to support incumbent President Ranil Wickremesinghe in the 2024 Presidential Election is scheduled to launch a new political party next week.

MP Mahindananda Aluthgamage said that the necessary steps required for this purpose are currently underway.

He made these remarks during a special meeting of the “Forum of Former Local Government Heads”, Yesterday(10).

All Ceylon Makkal Congress (ACMC) leader Rishad Bathiudeen, MP, yesterday (09) said that he would consult supporters at district level before announcing their stand on the forthcoming presidential election.

The former Trade and Commerce Minister and Vanni District lawmaker said so when The Island asked him whether the ACMC quit the main Opposition Samagi Jana Balawegaya (SJB)-led Samagi Jana Sandanaya, formed to back Sajith Premadasa’s candidature at the presidential election.

MP Bathiudeen said that he couldn’t have joined the launch of the new alliance on Thursday (08) at the Sugathadasa International Stadium as he was out of the country and yet to consult the electorate.

The ACMC contested the last parliamentary election held in August 2020 on the SJB ticket. Altogether, the breakaway UNP faction won 54 seats, including seven National List slots.

Responding to another query, the MP indicated that though his party contested the general election on the SJB ticket, that didn’t necessarily mean the ACMC had to support Premadasa’s candidature. The former Minister said that his party would choose either Premadasa, or incumbent President Ranil Wickremesinghe, who is in the presidential fray as an independent candidate.

However, all other political parties namely, the Sri Lanka Muslim Congress (SLMC), Democratic People’s Front (DPF), National Union of Workers (NUW) and Upcountry People’s Front (UPF), that contested the last general election, entered into a fresh electoral pact with the SJB. The Tamil Progressive Front consists of DPF, NUW and UPF. However, ACMC skipped the event held at the Sugathadasa International Stadium.

Reiterating that the ACMC decision would be guided by their supporters’ stand on the presidential polls, MP Bathiudeen said that he would begin consultations in the northern and eastern districts, except Jaffna and Puttalam, over the next few days. “Our decision will be announced next week, probably on August 17,” MP Bathiudeen said.

SLMC leader Rauff Hakeem declared, at the launch of the new alliance, that President Wickremesinghe should be taught a lesson for bribing lawmakers to switch their allegiance ahead of the presidential poll. Referring to the recent ouster of long serving Bangladeshi Premier Sheikh Hasina following a violent public uprising, the former Minister warned President Wickremesinghe that such fate could befall those pursuing dictatorial agendas.

MP Hakeem also slammed President Wickremesinghe over the massive fraud perpetrated through the introduction of a new On Arrival visa scheme. Pointing out that President Wickremesinghe allowed the corrupt deal that was even worse than the Treasury bond scams, perpetrated in 2015 and 2016, MP Hakeem said that they should decide whether to hand over the country to such a leader.

The former Minister said that the 2015 Treasury bond scam was carried out a few months before the general election. Likewise, the Online Visa scam was launched in the run-up to the presidential polls.

In addition to the SLMC and constituents of the TPA entering into the agreement with the SJB, Nidahasa Janatha Sabhawa, consisting of a group of rebel SLPP MPs, joined Sajith Premadasa’s campaign. The group consists of Prof. G.L. Peiris, Dullas Alahapperuma, Dilan Perera, Dr. Nalaka Godahewa, Wasantha Yapa Bandara, Upul Gallappatty, K.P.S. Kumarasiri, Charitha Herath, Lalith Ellawela, Tilak Rajapaksa and Gunapala Ratnasekera.

Sajith Premadasa’s grouping also included the SLFP faction led by Dayasiri Jayasekera, and the civil society grouping Purawasi Handa Bahujana Vyaparaya. Former captain of the national cricket team and ex-Minister Arjuna Ranatunga, too, pledged his support to the SJB leader.

Parliamentarian Field Marshal Sarath Fonseka, who had been engaged in a running battle with his leader Sajith Premadasa, has resigned as Chairman of the party in the wake of him paying Rs 75,000 cash deposit to contest the presidential election as an independent candidate.

The former Minister and Commander of the warwinning Army called his first media briefing at the Waters Edge Hotel to explain the circumstances leading to him coming forward again as an independent. Fonseka lost to Mahinda Rajapaksa by a huge margin at the 2010 presidential poll.

MP Mujibur Rahman said that with the Supreme Court ruling that unseated Ministers Manusha Nanayakkara and Harin Fernando for switching allegiance to President Wickremesinghe, at the expense of the party they were elected from, couldn’t have been given at a better time.

The Supreme Court yesterday (09) ruled that the SJB’s decision taken on July 18, 2023, to suspend the party membership of Manusha Nanayakkara and Harin Fernando was lawful.

The SC unseated the Ministers while dismissing a petition filed by them seeking an order that the SJB decision is unlawful.

The decision was announced by the three-member Supreme Court bench consisting of Justices Vijith Malalgoda, Achala Vengappuli and Arjuna Obeysekara.Bandulalal Bandarigoda will succeed Manusha Nanayakkara who entered Parliament from Galle District, whereas Harin Fernando represented the SJB National List.