KAMALIKA PIERIS

The Department of Immigration ignored the Supreme Court order and continued with VFS.   Minister Alles held a special  media conference after the Supreme Court order to explain why they could not obey the Supreme Court Order. He was flanked, I think, by the Permanent secretary,  Vyani Gunatilaka and  Harsha Illukpitiya, Controller General  of Immigration . They looked  very determined and  confident .

Minister Tiran Alles said that the change to VFS was the government’s response to feedback from tourists and the need for an improved visa issuance system.”. He condemned the   earlier Mobitel system .In the Mobitel system one couldn’t even upload a picture. Some people just inserted their name and passport number, after which a visa would be issued. “

 The Mobitel  visa platform had been in need of an upgrade for four years, he said. Cabinet had approved   two companies , a Sri Lankan company and a Chinese company , for this purpose four years ago, but they had made no progress in all that time .The two companies were  not named.

Alles  pointed out that  Immigration Department  cannot revert to  the old system, as  ordered by Supreme Court, because  new regulations  ,which increased the number of visa categories , had been  gazetted in November 2023. Several new visa categories such as six months, one year, five years, and 10 years visa had been added. Parliament would have to pass a fresh regulation allowing  Immigration Department  to go back to the previous ETA, before they could let Mobitel back in.

Technically too, Immigration Department  has changed the entire backend   of its system    to match the new regulations.  The newly upgraded backend   was maintained by  Informatics International .Therefore   old Mobitel ETA cannot be brought back . Mobitel  must come up with a new  platform  .

The Consortium has invested $ 200 million in commencing visa issuance related operations at Katunayake. “We have signed the agreement with them for 12 years. The reason being them investing $ 200 million on equipment and software. If they invest that much on a project, they should be given some time, shouldn’t they, he asked.   VFS Global will continue to operate for at least 12 years more, he said.

After the Supreme Court order, Immigration Department  took  action. Immigration Department  suspended its  official website, saying We have been notified of certain interim orders issued by the Supreme Court of Sri Lanka today pertaining to the agreement under which this platform is operated. In view of these orders, the website is suspended effective 2 August .

Immigration created further obstacles. After notifying the Foreign Ministry that tourists and business visas could be issued through Sri Lanka’s overseas missions till online visa issuance was sorted out,  Immigration activated and deactivated that facility twice , without explanation.  Immigration has  even  blocked the issue  of tourist and business visas through Sri Lanka’s missions  abroad,  exclaimed the tourist industry.

Sri Lankan missions around the world  were   next   informed by the Immigration Department that they cannot issue tourist visas since it cannot be processed through the system. VFS said all tourists  must obtain on-arrival visa facility at the Bandaranaike International Airport. On-arrival tourist and business visas were the only options for tourists now, reported the media  on August 11. Hotels Association of Sri Lanka , among others,  notified overseas tour operators  that, in the absence of a functioning online visa platform, they could use the on-arrival visa facility at the airport   

The tourist industry found that the Supreme Court order  only made matters worse for them. Attracting travelers to Sri Lanka has become more cumbersome than ever before with little or no support from the authorities at the Department of Immigration , they exclaimed.

Right now a tourist is forced to spend around two and a half hours on arrival at the Bandaranaike International Airport (BIA) as there is no online platform for a person to obtain a visa to enter the country, causing chaos and congestion

The tourist industry feared a serious loss of   arrivals for the  2024 winter season. They  anticipated heavy cancellation  Sri Lanka Tourism Authority estimates a drop  of 42,000 forecasted arrivals. Many potential Sri Lankan bookings are likely to be diverted to other destinations as a result of  Immigration failing to restore the Mobitel  ETA, they said.

The VFS issue is creating havoc in an industry that was awaiting a good winter . We   endured Covid followed by an economic crisis and now when we were poised with a good winter ,the numbers are dropping . Sri Lanka is losing its tourists and will not be able to meet its targets. This  meant no jobs during the peak season and a drop in earnings for the staff as well, they said.

The industry had not intention of  giving in. We can’t get the entire winter season blocked by one person, the industry will have to get onto the streets  and demonstrate,  the tourists bigwigs announced.

The Sri Lanka Association of Inbound Tour Operators, The Hotels Association of Sri Lanka, the Association of Small and Medium Enterprises in Tourism, the Sri Lanka Association of Professional Conference Exhibition & Event Organizers, the Sri Lanka Tourism Alliance and the Ceylon Hotel School Graduates Association  wrote to   President  Ranil Wickremesinghe  that  there was now only one way of obtaining a visa, namely on- arrival at the Bandaranaike International Airport and this was not preferred by travelers.”

They said that the peak season booking window will start in two weeks and their overseas partners have warned of severe impact on Sri Lankan bookings for this winter. With competing destinations offering streamlined processes and zero cost, many potential Sri Lanka bookings are likely to be diverted due to the Immigration delay.

The tourism industry is only just starting to lift its head after several poor years, and it is critical that the next high season is not impaired by the delay in activating the online system. Arrival numbers and revenue targets envisaged for the remainder of 2024  will not be achieved due to the present situation, the group concluded.

The Tourism Ministry  it must be recorded had also done its bit. The Ministry  continuously wrote to Immigration regarding the issuance of visas and the problems faced by the industry.

Tourism Ministry Secretary in a letter to the Secretary to the President has stated that the previous online visa system had created the right environment for travelers to visit the country. They suggested that the country should revert to the previous rates and charges, allow embassies to issue visas and ensure  that the visa on arrival is granted hassle-free.

These loud complaints and objections  were successful. The government intervened and settled the matter. Public Security Minister Vijitha Herath  said the  visa facility provided by the VFS Global has caused great distress. Foreigners arriving in Sri Lanka experienced  difficulty in obtaining their visas. We have now addressed this problem.

We consulted with the Attorney General and acted promptly based on the court ruling [and reinstated the old system]  Foreigners will be able to apply for visas under the previous system now. They can  apply for visas online, which will be processed within 24 hours.The visa service of VFS Global  came to an end at   midnight on September 26. 2024.  Previous Visa Issuance System Officially Reinstated s announced  the media.   

Immigration Department ‘s refusal to  restore the  Mobitel ETA  was clear  contempt of court. The Controller Immigration and Emigration and Secretary to the Ministry of Public Security  have had  the temerity to violate the order of the Supreme Court, said critics.

The six   tourists  organization named earlier wrote to the Controller General of Immigration asking him to implement the Supreme Court order and restore the previous system. They told him that his undue delay, directly occasioned by you, is resulting in tourism bookings being directed to other destinations, to the severe detriment of Sri Lanka, and  Sri Lanka’s legitimate need to solicit as many tourists as possible and to augment its foreign reserves. Should he fail to comply with the  order, they will report him to the Supreme Court .

Parliamentarians Patali Champika Ranawaka, Rauf Hakeem and M. A. Sumanthiran moved the Supreme Court for ‘Contempt of Court’ against the head of Immigration Department . On September 25, 2024 , The Supreme Court  remanded Controller General Immigration and Emigration, Harsha Ilukpitiya on contempt of Court charges for failing to obey the court’s interim order to suspend the implementation of the electronic visa system.  

  A year later, on September 23, 2025  the  Supreme Court  sentenced Harsha Ilukpitiya to two years’ imprisonment for Contempt of Court over his failure to comply with  the  Supreme Court order.( continued)