In an unprecedented move, the travel and tourism industry has joined forces to file a Fundamental Rights Petition in the Supreme Court challenging the new tourist visa process that was introduced without any forewarning in April 2024, creating chaos for potential tourists.
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 & Event Organisers (SLAPCEO), the Sri Lanka Hospitality Graduates Association (SLHGA), and the Tourism Alliance are the joint petitioners in the case SCFR 218/2024 filed on Friday.
The joint action is in view of the new visa process which has turned out to be 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.
The Petition cites 28 respondents including 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 associations contend that the approval of visa outsourcing was in violation of the law, the rules of natural justice, legitimate expectation and/or legal rights of the Petitioners, and in violation of the Fundamental Rights of the Petitioners and the general public. The move has been described as non-transparent and non-consultative and there was no competitive bidding process.
Since the new arrangement came into force, 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 industry has previously voiced their serious concern as the Sri Lanka visa regime has suddenly become uncompetitive in comparison to competitor destinations such as Malaysia and Thailand.
The seven associations in their Petition alleged that the 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.
They prayed for several interim orders including maintaining the status quo ante as it existed before the implementation of the Cabinet decision and preventing the charging of any service fees or convenience fees until the final hearing and determination of their Application.
During the first half of the year, the tourism industry generated over $ 1.55 billion and drew 1.13 million visitors so far in 2024. However, since the implementation of the new visa system in May this year, the rate of increase of tourist arrivals has declined.
