001085
Court of Appeal of Tanzania, which on 4 June 2012, upheld the conviction. The latter
Court however, held that it was not the proper body to issue the deportation order
since the matter fell within the jurisdiction of the Minister of Home Affairs.
61. The Court however notes the Respondent State’s argument that the Applicant did
not exhaust all the available remedies because he should have filed an appeal before
the Court of Appeal and requested judicial review of the detention order. The Court
observes
in this regard
that the
domestic
procedure
relating
to the Applicant’s
residence and deportation, and that involving his detention are so intertwined that
they cannot be detached for the purposes of exhausting local remedies. This is so
because the detention was in implementation of an order that ensued from judicial
proceedings
in respect
of the Applicant's
residence
and
deportation.
The
rights
involved therefore form part of a bundle of rights and guarantees, which the domestic
courts were necessarily aware of.
62.In addition, the Court notes from the record that the Court of Appeal, the highest
court in the Respondent State, has already indicated in its judgment of 4 June 2012
that ordinary courts were not competent to issue deportation
orders.
would
the detention
be
superfluous
to ask the Applicant
to appeal
against
As such, it
order
signed by the Minister with a view to his deportation.
63.In view of the aforesaid, the Court is of the opinion that local remedies
have been
exhausted and hence, the Respondent State’s objection in this regard is dismissed.
iii. Objection based on failure to file the Application within a reasonable time
64. The Respondent State alleges that the Application was not filed within a reasonable
time contrary to Rule 40(6) of the Rules, arguing that the Applicant seized the Court
three (3) years after the decision
of the Court of Appeal
of Tanzania
in Criminal
Appeal No. 179/2011.
17
Las