000e09 individual shall have the right to freedom of movement and residence within the borders of a State provided he abides by the laW'. 70. Prior to examining that issue, the Court notes that the Applicant no longer wishes to pursue his two allegations that agents of the Respondent State destroyed his documents and deported him to prevent him from pursuing his cases in domestic courts. The Court will therefore not dwell into issues that the Applicant himself has dropped. 71. Turning to the issue being determined, the Court observes that although the submissions by both Parties on whether the Applicant was wrongly arrested are framed as alleging the violation of his right to "freedom of movement',, the preliminary question which arises is that of the Applicant's right to residence. This is due to the fact that, in the instant case, the issue of freedom of movement will only arise after and if it is established that the Respondent State breached the Applicant's right to reside in the country. 72. Furthermore, the Court considers that this determination must be made as at the time of the Applicant's arrest, which was on g June 2006, since he has complained of the arrest as being the act that allegedly violated his rights. 73. Regarding the right to residence, the Applicant avers that he was legally residing in the Respondent State as the loss of his valid documents was duly reported to the police who issued him with a certificate of loss. On its part, the Respondent State submits that at the time of his arrest, the Applicant was illegally in its territory, as confirmed by the 2 January 2014 High court's judgment in civil case No. 1 18 of 2007, because he had no valid passport, residence permit or a pass as required under the lmmigration Act. ln the Respondent state's view, a mere certificate of loss, be it delivered by the Tanzanian police, cannot make his stay legal. 74. The Court notes that pursuant to the provisions of the Tanzania lmmigration Act, to reside legally in th'-,.. country, a foreigner must hold a passport togetherwith an express authorisation to stay in the form of a permit or a pass. The Applicant does not deny that, at the time of his arrest, he had neither of the above. l9 k7's