TISL Challenges Controversial VFS Visa Deal in Supreme Court

A fundamental rights petition (SC/FR/221/2024) was filed in the Supreme Court today (July 30) by Transparency International Sri Lanka (TISL) calling for action against the procedural violations and abuse of public trust by officials in the procurement of private entities to handle the Electronic Travel Authorization (ETA) system for the issuance of visas for tourists visiting Sri Lanka. 

This matter was filed in the public interest, considering the lack of transparency and non-adherence to guidelines in the decision-making and procurement processes that impact the tourism industry, the national economy and national security. The Petitioners argue that the fundamental rights of the citizens to equality and the right to information, as guaranteed under the Constitution under Articles 12(1) and 14A, have been violated through the actions and inactions of the respondents.

Among the respondents named in the petition are the Minister of Public Security, the Controller General of Immigration, the Sri Lanka Tourism Development Authority, GBS Technology Services & IVS Global- FZCO, VFS VF Worldwide Holdings LTD, the Cabinet of Sri Lanka and the Attorney General. 

The petition lists several key issues that have led to the current concerns:

1. The improper and irregular selection of private entities as authorized representatives for issuing visas.

2. Entering into agreements with private parties in a manner that could lead to severe financial losses and damage to the tourism sector.

3. An incident at the Bandaranaike International Airport in May 2024 highlighted the problematic appointment of private entities for visa processing.

4. The existing partnership with Mobitel (Pvt) Limited from 2012 ran smoothly without an occurrence of major breakdowns, negative publicity, data breaches or other complaints.

5. Mobitel (Pvt) Limited tendering proposals for the improvement of the ETA system in August 2023 with no cost to the government.

6. Mobitel (Pvt) Limited tendering a proposal to provide the ETA platform services for USD 1 per application, in stark contrast to the USD 18.50 charged by GBS Technology Services & IVS Global- FZCO and VFS VF Worldwide Holdings LTD. 

The petition calls for the respondents to be held accountable for their illegal, arbitrary, and unreasonable acts or omissions in the procurement process.