• Authorities ordered to maintain the status quo as it existed before the implementation of the cabinet decision

By Lakmal Sooriyagoda

The Supreme Court yesterday issued an Interim Order suspending the Cabinet decision granting the approval in relation to online and expat visa operations in Sri Lanka. 

 
This order will be effective till the final determination of the petitions. 

 
The Court further ordered the authorities to maintain the status quo ante as it existed before the implementation of the Cabinet decision.   

The Supreme Court three-judge-bench comprising Justices Preethi Padman Surasena, Kumuduni

Wickremasinghe and Achala Wengappuli made this order pursuant to several Fundamental Rights petitions filed challenging the procedural violations and abuse of public trust by officials in the procurement of private entities to handle the Electronic Travel Authorisation (ETA) system for issuing visas to tourists visiting Sri Lanka, was taken up for support.    

 According to this order, GBS Technology Services & IVS Global-FZCO, IFZA Dubai Digital Park and VF Worldwide Holdings Ltd will be prevented from charging any service fees and convenience fees from any persons (other than citizens of Sri Lanka) entering Sri Lanka. The petitions were fixed for argument on October 7.

  
The petitioners cited Minister of Public Security Tiran Alles, Ministry Secretary Viyani Gunathilaka, the Cabinet of Ministers and several others as respondents.   

The petitioners stated that according to the new visa facilitation system, replaced a previous quick Electronic Travel Authorisation (ETA) process which led to allow the private company to earn nearly $ 50 million annually if tourist arrival projections remained unchanged. They stated this meant the implementation of an outsourcing scheme for visa processing, over the issuance, and managing of online and on-arrival visas, to a consortium led by VFS Global, with an additional $ 18.50 service charge imposed for each visa across all visa categories excluding payment of processing charges and local taxes which would in total account for approximately $ 25.  

The members of the Committee on Public Finance (COPF) of the Parliament M.A. Sumanthiran PC, Rauff Hakeem and Patali Champika Ranawaka made their oral submissions while appearing in person. Upul Jayasuriya PC with Sithara Sampath Wijewardane appeared for Parliamentarian Ashok Abeysinghe. Sanjeeva Jayawardena PC with Rukshan Senadheera appeared for Dr. Rohan Pethiyagoda and Chandra Jayaratne. Senior Counsel Suren Gnanaraj appeared for the Sri Lanka Association of Inbound Tour Operators and several other petitioners. 
Senior Counsel Senani Dayaratne appeared for Transparency International Sri Lanka.  

Dilrukshi Dias Wickremasinghe PC with Vishwa De Livera Tennakoon appeared for Attorney-at-law S.M. Dissanayaka.   

Additional Solicitor General Viveka Siriwardena appeared for the Attorney General.