The fundamental rights application filed by British national Keighley Frazer, seeking a declaration that her Fundamental Rights under Articles 12 and 13 of the Constitution had been violated by the decision of the Controller General of Immigration and Emigration to cancel her visa, was rejected by the Supreme Court yesterday (14.09.2022)
Keighley Frazer had sought a declaration of violation of Fundamental Rights stating that her active participation in the protests against the Government had led to the cancellation of her visa.
Deputy Solicitor General Kanishka de Silva Balapatabendi who appeared on behalf of the State, with State Counsel Amasara Gajadeera raised a Preliminary Objection that the Petitioner had suppressed material facts in the Petition filed in Court and moved that Leave to Proceed should be rejected on that basis. It was submitted that the Petitioner has willfully suppressed to appraise Court of the particulars pertaining to the Writ application filed seeking to quash the decision to cancel her visa and completely suppressed the fact that an appeal had been preferred in respect of the Court of Appeal. It was submitted that in a Fundamental rights application there is a requirement for the party seeking relief to disclose to court all material facts, and the conduct of the Petitioner in suppressing material facts warrants a dismissal of the Petition at the outset.
The Deputy Solicitor General also drew the attention of court to the fact that a removal order in terms of the Immigration and Emigration Act has been issued by the President in respect of the Petitioner
The three judge bench comprising Justices Buwaneka Aluwihare, S. Thurairajah and Janak de Silva in upholding the Preliminary Objection raised by the Deputy Solicitor General ordered the Petitioner to pay costs of Rs 100 000/- to the State.
