ILLEGAL IMMIGRANTS a burning issue

By Kurulu Kariyakarawana

One cannot help but notice the scrutiny of a seemingly unfriendly group of uniform clad ignorant receptionists to welcome you, whenever you are about to enter another state or perhaps returning to your native land through a port of disembarkation.

Doubtful, penetrating eyes on an emotionless face is not the best reception one would want on foreign soil, if the latter does not bear any malicious intent.

The sane approval of these men are vital for you to either enter or exit a border.

Controlling borders is not an easy task for any sovereign state. Manning seaports and airports to prevent illegal immigration is a major challenge faced even by the western super powers. Countries take various measures and perform numerous exercises to address and control this common issue.

For the past two years Sri Lanka has recorded a staggering 13, 365 foreign visitors who have never passed through the gates of emigration. Thus, scattered island-wide the officials are clueless whether this mass of visitors are still among the living or not.

The Department of Immigration and Emigration was set up in November, 1949 after the enactment of the Immigrants and Emigrants Act No. 20 of 1948, following Independence. The necessity to implement the provisions of this Act was aroused resulting in the setting up of the Department in Colombo Fort.

Assistant Secretary to the Ministry of Defence with his staff was transferred to man the new Department and the police Department was ordered to assist.the issuing of a British Passport to Citizens of Sri Lanka was terminated with effect from November 1, 1949, about 65 years ago and the new Ceylon passport was issued to citizens of Ceylon.

Today the Department of Immigration and Emigration is one of the leading established state institutes that render a variety of services including granting required entry endorsements in the travel documents of persons other than citizens of Sri Lanka as well as keeping and maintaining a registry of persons who are non citizens of the country at entry points.

Stamping travel documents of persons leaving the country at departure points and maintaining records and identification of persons entering and leaving the country at approved ports are also part of the vital duties being conducted by these officials.

In other words, a person has to enter or exit a country through an approved port where immigration officials would endorse travel papers of the former. Somebody who would try to do otherwise, through a non-approved port will be considered an illegal immigrant.

Sri Lanka was in the centre of controversy in the recent history for numerous attempts by locals trying to emigrate to countries like Italy and Australia on boats and various sea vessels through illegal ways and means. These groups have used unapproved illegal ports island-wide to set sail. Sri Lanka at present has eight approved seaports and four airports.

The immigration desks function from Colombo Harbour to commercial and fisheries ports in Galle, Hambantota, Talaimannar, Trincomalee, Kankesanthurai, Oluvil and Norochcholai (Dikowita Port not gazetted yet) as well as main international and domestic airports like Bandaranaike International Airport in Katunayake, Mattala Rajapaksa International Airport in Hambantota, Colombo International Airport in Ratmalana and Jaffna Airport in Palaly. Although Ratmalana Airport was once the sole international airport in Sri Lanka, now it functions mainly for domestic and military purposes. Likewise locals attempting to leave the country in unlawful manner there are some instances where foreigners especially from India tried to enter into the country through unapproved seaports or locations on the coastal belt. However when its come to illegal immigration the grave problem is those who come as tourists and remain in the country with no intention of returning any sooner or perhaps never at all.

Speaking to the Sunday Observer Chief Immigration Officer in charge of Monitoring, Intelligence and Investigation Unit of the Department of Immigration and Emigration Amith Perera said that there are several instances how immigration law is being breached by culprits.

Travelling to countries like Australia, Italy and India in seek of asylum through boats from unapproved ports, Indian nationals especially fishermen trying to settle down in the Northern parts of the country by coming on vessels and attempts by the local wanted criminals trying to vacate the country by boats are some common instances. Also attempts to smuggle narcotics and other valuables along with humans is another problem.

Apart from this some people arriving in the country as foreign tourists through international airports and engaging in various business activities like selling goods, which is prohibited under tourist visa regulations. This is a common trend that has been continuing for a long time.

Some come as tourists carrying large quantities of garments and drapery goods and enter the country under the patronage of crooked Customs officials and shady airport officials. They engage in short term sales of saris, shirts and sarongs from door- to- door and return once their goods are sold out.

But many others arrive as tourists but remain in the country for a long time engaged in various occupations and odd jobs in unsuspecting environments. Evidence has shown that many who come from countries like India, Pakistan, Bangladesh and neighbouring South Asian countries have been working in boutiques and grocery stores for weekly and days pay.

Some work as labourers in the construction field and estate sector and numerous other odd jobs especially in the Tamil speaking environments in Northern Sri Lanka. Whereas some others engage in various antisocial activities like prostitution in high end clubs, hotels and casinos in Colombo serving the affluent community.

However in the recent past, even the immigration officials were surprised when they nabbed certain skilled and high profile individuals from neighbouring countries work in the local hospitals like Doctors and medical staff. This was proved when arrests were made in two leading private hospitals in Colombo recently, where doctors who had come on a contract period had overstayed for a long time defying visa regulations. In certain unsuspecting environments some work as professional engineers in leading construction projects currently being carried out by the government under the financial patronage of the benevolent states in the region. It seems that even the officials turn a blind eye to these instances, where the workers do not possess valid visa to be employed in Sri Lanka, since their role in the on going projects are crucial.

Even intelligence reports of the special unit disclose that a large number of professional youth from India had arrived in the country on tourist visa and currently employed in IT. The managements of these private firms are not at least bothered a bit that the overseas employees they have hired had overstayed their visa period. It was learnt that many such foreign individuals would simply establish a business in the country by registering a company for a mere Rs.50, 000. They would then appoint a Director Board and start functioning with ease under the nose of the law enforcement authorities. One of the chief reasons for this situation is maybe the facility hosting by Sri Lankan immigration services to grant visa for foreigners upon arrival. Except for those who visit for non-tourism purposes where obtaining of visa is mandatory prior to the arrival, the tourists can now apply for their visa on the internet through the new Electronic Travel Authorization service, which was introduced a couple of years ago.

A traveller from any country could apply for a tourist visa through this service within a two day time and even arrive in the country while the process is in progress. They will be issued an on-arrival visa for 30 days at the airport. However, this service had been limited for five countries including Pakistan, Afghanistan, Nigeria and Cameroon where the ETA applications will closely be monitored by the local immigration officials prior to approval.

This had to be performed due to the recent trend of large number of asylum seekers especially from Pakistan and Afghanistan were arriving at the country as tourists. These people arrive in the country as tourists and then register themselves with the local office of United Nations High Commissioner for Refugees as asylum seekers. They will then remain indefinitely until the UNHCR would consider their cases and nominate refugee status.

Controller General Immigration and Emigration Nihal Ranasinghe told the Sunday Observer the asylum seekers use Sri Lanka as a transit point to head for a third country where political refuge is granted. The local immigration authorities have to facilitate these groups honouring international conventions on refugees. However, the influx of these groups had forced local authorities to control the arrival of these people in the guise of tourists.

The Department at present engaged in repatriating asylum seekers who had not been nominated as refugees by the UNHCR, at government’s expense. The Department repatriated 411 persons since August of which 363 are Pakistani nationals and 68 Afghan nationals, the Controller General said.

Apart from this the special monitoring unit have gathered data of 13, 365 visitors who had arrived as tourists but had never returned to date. This mass of crowd had come to the country since January 01, 2012 to September 30, 2014. All these people have completed their allowed period of visa for 30 days and are overstaying at present.

The highest number of illegal immigrants had been reported from India which is 2, 362 and second highest 1, 163 from Pakistan. A surprising 954 persons had come from Germany, whom have never returned through the gates. Apart from this a large number of visitors had arrived from the leading countries like France, UK, Russia, Canada, China and Australia. Officers are clueless about the present condition of these overstaying visitors of most believed to be Sri Lankan born Tamils that emigrated from the country during the past three decades and sought political refuge in European countries. They have returned on a tourist visa and may have settled with their kith and kin with no intention to return to the foreign lands. It is virtually impossible for the immigration officers to dispatch investigation teams after each and every person who is overstaying defying visa laws. But if credible information is received or caught on suspicion these illegal immigrants will immediately be removed from the country.

With a dearth of resources, officials have to perform ‘miracles’ to apprehend these people. Its not once or twice that officers of the special intelligence unit faced a challenging situation by large mobs. With not even a simple weapon like a shock pistol in hand, the officers sometimes find it life threatening to intervene in difficult situations.

Once an illegal immigrant is arrested the officials will immediately take his or her travel documents into custody. A statement will be recorded afterwards. The tourist will then be advised to purchase an airline ticket to the country of return and the person will be sent off in the next available flight.

After recording the statement the officials will inquire other law enforcement authorities whether the person is wanted for any unlawful activity. If so the particular person will be handed over to Criminal Investigation Department, Terrorist Investigation Division or State Intelligence Service for further investigations. If the arrested person does not have sufficient funds at least to purchase an airline ticket, the foreign mission of his country in Sri Lanka will be informed about his arrest and present condition. Until that foreign mission is send any help the person will be transferred to a detention camp in Mirihana, where they will be provided with meals, lodging facilities and sanitary and medical services. At present there are 52 detainees at the Mirihana Detention Camp. Once the clearing process is over an overstaying person will be removed from the country. Before that the person will be blacklisted in the registry of arrivals if found guilty of intentionally violating visa conditions. The person will be removed and not deported, as we have commonly heard.

Deporting a person and removing a person are two different things. Only the subject Minister in charge of the department has the authority to deport a person from the country, which is very rare. It is called a Minster’s Deportation Order, which at present can only be done by the President, who is the Minister of Defence.

Minister’s Removal Order is a legal authority vested in the Controller General of Immigration to remove a person from the country. The power is vested in all the Deputy and Assistant Immigration Controllers at present. The department has arrested 483 persons who were overstaying during the period from January 01 of this year to October 31 and 285 of them had been removed. The removed foreigner will be escorted to the airport by the immigration officials and hand him over to the Captain of the particular aircraft. The passport will then be returned to the removed visitor once his departure is confirmed by the airline. Some don’t find this a grand send off.