001076 State. Nationality must be "an effective and solid link" such as the Applicant's habitual residence, family ties, participation in public life, etc. 96.The Court notes that, in view of the foregoing, the Applicant who alleges that he holds a certain nationality bears the onus to prove so. Once he has discharged the duty prima facie, the burden shifts to the Respondent State to prove otherwise. It is against these standards that the Court will settle the issue of proof of nationality in the present case, including by weighing the evidence adduced by both Parties. 97. The Court also notes that the Applicant has always maintained that he is Tanzanian by birth just like his parents. At the time of his arrest, he presented a copy of his birth certificate showing that he was born in the territory of the Respondent State and an emergency temporary travel document was issued to him, pending issuance of his passport. The Court notes that these two documents were provided by the authorities of the Respondent State, and even if the latter describes them as fraudulent, it has not adduced evidence to the contrary. 98. The Court further notes that, according to the 1995 Citizenship Act, at the time of the Applicant's birth, that is, 1968,26 a person could acquire Tanzanian birth if that person was born in the United Republic of Tanzania nationality by after Union Day, provided either of his parents is Tanzanian.2” 99. In the present Application, the Respondent nationality by disputing State has challenged his place of birth. However, a witness the Applicant’s named Anastasia Penessis who claimed to be the Applicant’s mother appeared before the Court and testified that her son, the Applicant, was born in Buguma Estate, Tanzania, in 1968, where the family has property. The Court notes that the same name of Anastasia Penessis is on the certified copy of the birth certificate indicated as the mother of the Applicant and recognized as Tanzanian. This, coupled with the fact that the same ’ 26 The Tanzania Citizenship Act, 1961 Chap. 512, and the British Nationality Act, 1948. 27 See Article 6 of the Tanzania Immigration Act.