001087
against the Minister of Home
Affairs challenging
his detention.
application before the High Court at Dar-es-Salaam.
Two
He filed a similar
(2) of the first three (3)
applications were struck out on 30 April 2015. The third was dismissed by the High
Court at Bukoba, which found that the Applicant's detention was lawful as he was
awaiting deportation. The Applicant himself withdrew the application before the High
Court in Dar-es-Salaam on the ground that the same petition was already before the
High Court at Bukoba. According to the Respondent State, when the last application
was dismissed, the Applicant could have appealed to the Court of Appeal but failed
to do so.
54.The Respondent
State further contends that if the Applicant felt aggrieved by the
detention order, he was and still is legally entitled to apply for judicial review to quash
the order on grounds of procedural irregularity, by invoking the Law Reform Act which
provides for remedies to persons aggrieved by the actions of State administrative
bodies or authorities.
55.Refuting
these
assertions
by the
Respondent
State,
the
Applicant
significant efforts had been made to exhaust all available remedies.
he
refers
to the case
Commission
on
Commission’)
of Sir Dawda
Human
and
Jawara
Peoples’
v.
The
Rights
submits
that
In this regard,
Gambia,
wherein
the African
(hereinafter
referred
to
as
“the
held that all domestic remedies that need to be exhausted should be
available, effective, adequate and sufficient.
56. The Applicant submits that it is an established fact in international human rights law
that a domestic
hindrance;
remedy
is considered
available
if it can
be
exercised
without
is effective if it offers the prospect of success; and is sufficient, if it is
capable of remedying the violations raised.
He also avers that “no appeal has ever
prospered in favour of the Applicant in the United Republic of Tanzania”.
5