i. any person who is a subject or citizen of any country with
which Uganda is at war;
j. the children, if under eighteen years of age and dependants of a
prohibited immigrant, and any other dependent of a prohibited
immigrant; and
k. any person convicted of any offence under this Act.
87. A good faith and plain reading of the aforesaid Section shows that, from (a)
through (k), for any person to be declared a prohibited immigrant under any of
the twelve categories, there is a formal technical process by which it is
ascertained that certain conditions exist and, once ascertained, then the
decision to declare him such prohibited immigrant or not is made.
88. Secondly, while a person can be declared a prohibited immigrant under one or
more clearly ascertained categories, our reading of the Section indicates that it
would be impossible for a person to be declared a prohibited immigrant
pursuant to the whole blanket Section 52. From the foregoing, it would seem
to us that the Applicant could not have possibly been declared a prohibited
immigrant under the whole of Section 52, without reference to any of the
twelve categories.
89. At the hearing Counsel were asked what part of Section 52 the Applicant
offended for him to be declared a prohibited immigrant. Ms Ijang replied that it
was Section 52(d). When she was told that the Notice to Convey Prohibited
Immigrant contained no reference to Section 52, she shifted to Section 66(4).
REFERENCE NO.5 OF 2011
Page 41
اختر الفقرة المستهدفة3
الاتصال بفقرة
Connect to an entity
Disable highlights
أضف إلى جدول المحتويات