Immigration Chief pleads guilty to contempt charges over controversial visa deal

The Department of Immigration and Emigration (DIE) Controller General Harsha Ilukpitiya yesterday pleaded guilty before the Supreme Court to contempt of court charges relating to the controversial outsourcing of visa processing services in 2024.

The Supreme Court sitting as a three-judge bench led by Justices Yasantha Kodagoda, Janak de Silva, and Arjuna Obeyesekere, fixed 24 July to determine sentencing.

Ilukpitiya was remanded on 25 September 2024 under Section 9(7) of the Contempt of Court, Tribunal, or Institution Act No. 08 of 2024 for failing to comply with a Supreme Court order requiring the suspension of the outsourced visa processing system. 

Saliya Pieris PC appeared on behalf of Ilukpitiya, while Attorney-at-Law Vishwa De Livera Tennakoon appeared for the petitioners.

On 25 September when the Supreme Court Registrar read out the charges of contempt of court in open court, the respondent Ilukpituiya pleaded not guilty of the allegations (https://www.ft.lk/front-page/Supreme-Court-remands-Controller-General-of-Immigration-for-contempt-of-Court/44-767180).

On 2 August, the Supreme Court ordered authorities to halt the controversial outsourced visa processing agreement, citing legal and rational concerns raised by various stakeholders. The Court ordered the reactivation of the previous Electronic Travel Authorisation (ETA) system handled by SLT-Mobitel and the suspension of additional service fees imposed under the outsourced system (https://www.ft.lk/front-page/Supreme-Court-orders-restoration-of-previous-visa-processing-scheme/44-765120).

The controversy stems from the outsourcing of visa operations to third-party entities, which critics claim violated tender procedures, lacked transparency and bypassed competitive bidding.

The outsourced system by the previous regime from 17 April 2024 imposed additional charges, raising the cost of a standard visa from $ 75 to $ 100.77, including service and convenience fees (https://www.ft.lk/front-page/Govt-jacks-up-visa-fee-amid-tourism-recovery/44-760758). 

The move was highly criticised by tourism and travel associations for making Sri Lanka less competitive compared to other regional destinations like Malaysia and Thailand (https://www.ft.lk/top-story/new-visa-move-in-limbo-amidst-bureaucratic-disputes/26-766310).

Seven different petitions filed by multiple parties against the new visa scheme of the country, stirred much controversy and allegations of corruption.

Among those who have challenged the legality and rationality of the controversial outsourcing of the visa process include collective action by seven travel and tourism industry associations, the Transparency International Sri Lanka (TISL), good governance activists Dr. Rohan Pethiyagoda and Chandra Jayaratne as well as former MPs Patali Champika Ranawaka, M.A. Sumanthiran, and Rauff Hakeem.

The petitions cited 28 respondents including former Public Security Minister Tiran Alles, 17 other Cabinet Ministers, Controller General of Immigration and Emigration, as well as the parties involved in the outsourced visa processing GBS Technology Services and IVS Global-FZCO, IFZA Dubai Digital Park, and VF Worldwide Holdings Ltd., Dubai.

The Sri Lanka Association of Inbound Tour Operators (SLAITO), The Hotels Association of Sri Lanka (THASL), the Association of Small and Medium Enterprises in Tourism (ASMET), the Sri Lanka Association of Professional Conference, Exhibition and Event Organisers (SLAPCEO), the Sri Lanka Hospitality Graduates Association (SLHGA) and the Tourism Alliance in their joint petition said the new visa process was detrimental to the industry as it has created confusion and chaos in a system that was otherwise very simple, user friendly and well accepted as one of the best in the region.

Since the new arrangement came into force from 17 April, the visa fee for a foreigner saw an increase of $ 18.50 as service fee and $ 7.27 as convenience fee for the benefit of the parties handling the outsourced arrangement. This saw the effective cost of a standard visitor visa for non-SAARC regions rise to $ 100.77 from $ 75. Another issue was that even those nationals from the seven countries which come under the category of free-visa online are subject to the service fee and convenience fee.

The seven associations in their joint petition alleged that the former Government’s outsourcing move was in violation of the Immigrants and Emigrants Act, tender guidelines law, and the Right to Information Act and is ultra vires, arbitrary, unreasonable and wholly illegal.