000908
75.
However, the Court considers that, the fact that the Applicant did not hold the
documents expressly required in the Act, did not automatically render his stay
illegal' A contrary position would amount to a narrow interpretation of the law,
which would not be appropriate for a human rights based determination. A
purposive interpretation of the law is further called for where there is a risk of a
subsequent action by the Respondent State that is likely to have a critical impact
on the life of the person involved.
76.
The Court is of the view that, in such circumstances, the determinant should be
the reasonable expectation of a certain course of action which is required when
an authority or the law has induced in a person, who may be affected by
subsequent decisions, a reasonable expectation that he or she will retain the said
benefit or will be seen as having obtained the same by law.10
77.
ln the instant matter, the court notes that, at the time of his arrest on g June
2006, the Applicant held two documents of probative value, that is, a cerficate of
loss
of his passport issued by the Tanzanian police and an official
correspondence from the Embassy
of his country to the Respondent state
confirming that he was in the process of obtaining a new passport. while in
possession of these documents, the Applicant could legitimately expect that the
Respondent State would not issue a Notice of Prohibited lmmigrant against him
because the certificate of loss was meant to replace the documents expressly
provided for in the law and was valid, having been issued by the competent
authorities.
78.
ln the Court's view, reasonable expectation required that when presented with
the aforementioned documents, the Respondent state,s agents should have
conferred with the issuing authorities to ascertain their validity.
79.
The position of the Court is premised on the fact that the documents referred to
were issued on 2 June and s June 2006 respectively, four (4) days prior to the
10 See Stre tch v. United Kingdom (Merits
and Just Satisfaction), no. 44277t98, ss 32-35, ECHR,24
June 2003.
(- .-.
.*
20