Sri Lanka clears way for refugees in India to return without passports

Colombo: The Sri Lankan government has decided to formally allow refugees living in India to return to the island nation even if they fled during the civil war without a valid passport or through an unauthorised port of departure.

The Cabinet, which met on Monday (August 10, 2026), said it would “facilitate clearance of immigration when the individuals who had left the country without using an approved port and a formal passport during the period of the war, sought refuge in India, but proved the nationality as Sri Lankan and returning to their motherland voluntarily,” according to a media statement.

The decision comes amid concerns raised by refugee rights activists over the detention of some returnees last year. In May 2025, the arrest of a 75-year-old Sri Lankan Tamil refugee returning from India on charges of leaving the island without a valid passport drew public attention. Sri Lankan authorities later said they would address the issue. Between July 2025 and February 2026, 246 people from 46 families returned from India to Sri Lanka, with no arrests reported during that period.

To formalise the process, the government has obtained instructions from the public prosecutor on immigration clearance. The procedures will include verification of the returnee’s identity, clearance from Sri Lanka’s State Intelligence Service, authentication of Sri Lankan nationality through Sri Lanka’s diplomatic missions in India for those displaced before August 1, 2006, and confirmation that the individuals have not been involved in murder, treason, or any other offence prescribed under special provisions of law.

The decision is significant because it removes legal barriers that previously discouraged many refugees from returning. The Sri Lankan civil war, which ended in 2009, forced thousands of Tamil civilians to flee to India, particularly to the southern state of Tamil Nadu. Many left in haste without proper travel documents, making it difficult for them to return legally. The new policy recognises their circumstances and offers a pathway, provided they meet the security and background checks.

Earlier this year, Cabinet Minister and Leader of the House Bimal Rathnayake told The Hindu that Sri Lanka was ready to receive and support all those who were forced to flee during the civil war and now live as refugees in Tamil Nadu. He also urged the governments of India and Tamil Nadu to refrain from using refugees as “a tool for political propaganda”.

The minister’s remarks came in the context of a February 15, 2026 letter from then Tamil Nadu Chief Minister M.K. Stalin to Prime Minister Narendra Modi, seeking the Union government’s intervention on issues faced by Sri Lankan Tamils living in India for over four decades. According to the letter, around 89,000 refugees reside in and outside camps across Tamil Nadu, with nearly 40% of them having been born in India.

While the new measures aim to address practical hurdles for returnees, the government has not yet specified timelines or quotas. The formal decision is expected to provide clarity for refugees who have long sought to return but were deterred by legal and procedural barriers. Refugee rights groups have noted that consistent implementation will be crucial, and they await further directives on how the verification process will be carried out in practice.