000913
53. ln light of the above, this court notes that, in the Majuru communication, the
commission applied a case-by-case approach and not the six-month standard
as averred by the Respondent State in the present Application.
54.
Second, this Court has consistently held that the six-month time limit expressly
provided for in other international human rights law regimes is not
set out in
Article 56(6) of the Charter, which rather refers to a reasonable fime. As a matter
of course, the court has thus adopted a case-by-case approach in assessing
what constitutes a reasonable time within the meaning of Article 56(6) of the
Charter.T
55.
The Court recalls that by its consistent case-law, in circumstances where there
is uncertainty as to whether the time is reasonable, determining factors may
include the Applicant's situation.s In the present case, the Applicant was deported
within a week of the High court's judgment and issuance of the Notice of
Prohibited lmmigrant. He therefore lacked the proximity that was necessary to
follow up on his requests to the domestic authorities.e
56.
ln lightof theforegoing,thecourtfindsthattheperiodof one(1)yearandtwenty_
six (26) days in which the Applicant filed this Application is reasonabte within the
meaning of Articte 56(6) of the charter and Rute 40(6) of the Rules. As a
consequence, the court dismisses the Respondent state,s objection in respect
of the filing of the Application within a reasonable time.
B. conditions of admissibility not in contention between the parties
57'
The Court notes that whether the Application meets the conditions set out
in
Article 56 subsections (1),(2),(3),(4), and (7) of the charter and Rute 40 sub-rutes
(1),(2), (3), (4) and (7) of the Rutes regarding the identity of the Appticant,
compatibility of the Application with the Constitutive Act of the African Union, the
7 Application
No. 013/2011. Judgment ot 21106120j3 (Preliminary Objections), Norbeft Zongo and
Others v. Burkina Faso (hereinafter referred to as "Norbeft Zongo and Others v. Burkina Faso
(Preliminary Objections)'), g 121; Alex Thomas v. Tan zaxla (Merits),
Sg 73-74
8 See for instance,
Atex Thomas v. Tanzania (Merits), g 74
s See Application No. 012/201S. Jud gment
2210412018 (Merits), Anudo Ochieng Anudo V-United
Republic of Tanzan,a, S 58
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