01099 of the cane by the Kagera Resident Magistrate for illegal entry and irregular presence in the territory of the Respondent State. The Applicant subsequently appealed before the High Court of Tanzania at Bukoba (hereinafter referred to as the “High Court”) which, on 6 June 2011, upheld the conviction and sentence of imprisonment for the reason that the Applicant had not paid the 80,000 Tanzanian Shillings fine. The High Court also set aside the corporal punishment sentence. In addition, the High Court sentenced him to six (6) months in prison for contempt of court and issued an order for his expulsion from the territory of the Respondent State after serving the prison sentence. . The Applicant then lodged an appeal before the Court of Appeal which, on 4 June 2012, upheld the two (2) years prison sentence. The Court of Appeal however set aside the six (6) months sentence for contempt of court and the expulsion order which, according to the Court, fell within the purview of the Minister of Home Affairs. Subsequently, on 4 Decernber 2012, the Minister of Home Affairs issued the deportation and detention Orders. . The Applicant claims that he is Tanzanian by birth, that his father and mother are Tanzanians, and that he has been residing in Tanzania since his birth. . The Respondent evidence showing State challenges this version that the Applicant was of the facts never a Tanzanian and claims to have and possessed the nationality of two other countries, namely, South Africa and the United Kingdom. B. Alleged violations 9. The Applicant alleges that his arrest and detention are unlawful and in breach of the Tanzanian Constitution, Article 59(1) of the Additional Protocol Convention and Articles 1 to 4 of the 1949 Geneva Convention. 1 to the Geneva