SC dismisses British instagrammer’s FR petition against deportation

12 May 2023 10:09 pm Views - {{hitsCtrl.values.hits}} 9 Bookmark

A A A

A Fundamental Rights petition filed by British woman instagrammer Kayleigh Fraser challenging the Sri Lankan authorities’ decision to deport her from Sri Lanka has been dismissed by the Supreme Court with costs fixed at Rs.500,000.

Kayleigh Fraser who had been documenting Sri Lanka’s anti-government protests on social media last year filed this petition seeking an order to quash the decision of the Department of Immigration and Emigration to deport her in an arbitrary manner.

The Supreme Court three-judge bench headed by Justice Murdu Fernando decided to dismiss the petition at the beginning after taking into consideration the preliminary objections raised by the Attorney General.

The Attorney General appearing for the Controller General of Immigration raised preliminary objections on the following grounds; that the application does not fall within the ambit of executive or administrative action; this application is vexatious and designed to embarrass the court; there is no proper affidavit before court and that the petitioner has suppressed material facts and misrepresented facts to court.

"The learned counsel for the petitioner did not respond to the allegation of suppression of material pertaining to SC/FR/299/2022 in his submissions before us. However, he was gracious enough to accept that the petitioner was in Sri Lanka not on a resident visa as pleaded in the petition but on a medical visa which is clearly depicted in the visa document X5 filed together with the petition. Hence, we do not wish to examine the objection pertaining to suppression regarding the category of visa any further,” Justice Murdu Fernando added.

The Department of Immigration and Emigration had decided to terminate the visa issued to Fraser for violating visa conditions and had informed her to leave the country by 15 August, 2022.

On a previous occasion, the Court of Appeal had also dismissed the petitioner's writ petition on the same legal grounds.

Attorney-at-law Nagananda Kodituwakku appeared for the petitioner. Deputy Solicitor General Kanishka de Silva Balapatabendi appeared for the Attorney General. (Lakmal Sooriyagoda)

Comments - 9

Sam Friday, 12 May 2023 10:54 PM

What are you trying to do! Why did you even involve yourself in our troubles. We are moving on as best we can. Suggest you do the same.

0 0

neil Saturday, 13 May 2023 09:57 AM

I was thinking about DIANA and the behaviour of all our apparatus dealing with that genuine DIANA.

0 0

Mohamed Saturday, 13 May 2023 10:43 AM

Court upheld the correct decision within the ambit of law. This case was dismissed as the petitioner was wrong on many technical grounds as well. Kudos to the courts!

0 0

Dee Saturday, 13 May 2023 11:05 AM

Good

0 0

Sharmila Saturday, 13 May 2023 01:16 PM

It is the Immigration law, in any country immigrants are protected by their domestic law and international law of human rights as per their citizenship, so an immigrant violating the Immigration rules and regulations are subject to be taken through the respective law. This is as per the international law which countries have signed and ratified. If She has a the right to stay in SriLanka then British High Commission should intervene legally. Where as the BHC is fully aware of her breaches of the Immigration law. Note: any tourist/traveller agrees legally upon applying for Visa not to violate and abide the decisions Immigration law of that country or region.

0 0

Gehani Saturday, 13 May 2023 01:43 PM

does anyone knows why she wants to stay in SriLanka? If she got raped 4 times in SriLanka, why didn't she leave the country at that time and she has not lodged a complaints against those incidents... Seems like very madeup story to get attention and sympathies. Or those were not rapes at all, rather she got involved with who ever and was a Bad breakup and wanted to turn the story in her favour. There have been many foreigners who visited the Aragalaya and posted photos, videos on their social media countless times but they did not get this attention, why ? Is she really here for some other reasons ? On top of all why can't or why don't SriLankan Intelligence and CID find her? Don't they want to ? Or is this part a political game ? Well If it's genuine case, I think it's time for her to return back to her country.

0 0

BF Saturday, 13 May 2023 03:44 PM

Being a foreign spouse, living for the past 27 years here, paying taxes, insurances etc. does unfortunately give me no rights at all. I cannot and don't want also involve in any politics or other internal matter. In other countries immigrants have their rights established just after a few years. In SL we will die even as aliens.

0 0

Bindayyan Saturday, 13 May 2023 05:39 PM

There seems to be a biased treatment by Department of Immigration and Emigration in the case Diana who is also a British citizen and is over staying. What is the connection she has to be roaming around freely?

0 0

Mandayan Monday, 15 May 2023 01:50 AM

Poor lady, instead of going to court claim asylum. Having sent thousands as refugees to the UK, the government will find it difficult to say no! Lol

0 0

Add comment
Comments will be edited (grammar, spelling and slang) and authorized at the discretion of Daily Mirror online. The website also has the right not to publish selected comments.