Db0e25
A. Facts of the matter
4.
The Applicant alleges that he entered the Respondent State's territory in 1gg3
on
a temporary visa. Thereafter, in 1999, his wife and children entered the country
as refugees but did not go to the designated refugee camps. They rather lived
with him in Dar es Salaam.
5.
ln 2005, following a dispute with a retail trader, a certain Mussa Ruganda Leki,
who owed him money, the Applicant filed civil case No. 263 of 2005 at the
Resident Magistrate's Court of Kisutu, Dar es Salaam.
6.
on 1 June 2006, the Applicant submitted a request to the DRC Embassy in Dar
es salaam for replacement of his passport, which he had lost. on 2 June 2006,
the Embassy confirmed the ongoing process in writing and issued a related notice
addressed to the Respondent state's police. on s June 2006, the Tanzanian
Police in Dar es Salaam issued the Applicant with a certificate of loss of his
passport, which was still valid and contained a visa to stay in the Respondent
State up to September 2006.
7
'
On 9 June 2006, the Tanzanian lmmigration authorities arrested the Applicant for
residing illegally in the country while he attended proceedings in Civil Case No.
263 of 2005 referred to above in which a debt judgment had been rendered in his
favour.
8'
The Applicant's wife and children were also arrested and they were all detained
for five (5) days until they were taken to court on 15 June 2006 and charged with
illegal stay, in criminal case No. 765 of 2006. The DRC Embassy became aware
of the matter and obtained an authorisation from the Tanzanian authorities that
the Applicant be released and allowed to stay to pursue his cases but on the
understanding that his family would exit Tanzania within seven (7) days and the
illegal stay case be dropped. on 16 June 2006, the Applicant,s family left and the
Applicant remained as agreed, to pursue civil case no 263 of 2005 referred to
earlier. The Applicant was then granted several extensions of visa to stay
Tanzania up to 28 M
h
3
in