ALFEA challenges SLBFE circular

Wasantha RAMANAYAKE

The Association of Licensed Foreign Employment Agencies (ALFEA) filed a Writ application in the Court of Appeal challenging a Circular issued by the Sri Lanka Bureau of Foreign Employment, that would allegedly render nugatory the statutory requirement to be member of the ALFEA.

The petitioner ALFEA stated that it was incorporated under the Sri Lanka Bureau of Foreign Employment Act and was supposed to make recommendations to the SLBFE with regard to the promotion and regulation of employment, to advise and assist in the promotion of employment opportunities out side Sri Lanka, to formulate a code of conduct for licensees and to make representations to the SLBFE and to the Minister on matters relating to the recruitment of Sri Lankans for migrant employments. The petitioner stated that it rendered a invaluable assistance to the licensed Employment Agencies.

The petitioner stated that the SLBFE had taken a decision that the submission of the membership certificates issued by the petitioner was unnecessary for obtaining a new licence or the the renewal of their licences with the SLBFE.

The petitioner stated that the decision contained in the Chairman's circular dated March 31, 2009, and would be effective from May 15. The petitioner said that the decision was in violation of the SLBFE Act and would render the mandatory requirement obsolete for all licensees to become member of the petitioner.

The petitioner stated that the decision of the SLBFE was unlawful, and ultra vires.

The petitioner also sought Prohibition order retraining the respondents from renewing the existing licences or issuing new licences for the employment agencies who are not members of the petitioner and an order of Mandamus compelling the respondents to ensure that every agency should become and continues to be a member of the petitioner.