00091?
constitutive Act of the African Union, the provisions of the charter or of any
legal instrument of the African Union"
38.
While some of the aforementioned conditions are not in contention between the
Parties, the Respondent State raises objections regarding the exhaustion of local
remedies and the filing of the Application within a reasonable time.
A. conditions of admissibility in contention between the parties
i.
Objection based on failure to exhaust Iocal remedies
39. The Respondent
State avers that the Applicant did not attempt to exhaust local
remedies that were available to challenge his prohibited lmmigrant status.
40.
With respect to the Applicant's claim that, due to his Prohibited lmmigrant status,
he was prevented from returning to Tanzania to appeal against the decision
rendered in Civil Case No. 118 of 2007, the Respondent State contends that the
Applicant had the available remedy of submifting an Application to the Minister
of Home Affairs to waive or annul the Notice of Prohibited lmmigrant and permit
him to re-enter the country for his intended purpose. lt is the Respondent State,s
submission that the Minister would have then considered the waiver application
together with the reasons therein and rendered a decision.
41. The Applicant on his part alleges that the existing remedies, which the
Respondent State refers to, were not made available to him. He states that after
leaving the country in compliance with the Notice of Prohibited lmmigrant, the
High Court did not respond to his request to be availed a copy of the proceedings
and judgment in civil case No. 118 of 2007, to determine whether and on what
grounds he should appeal. He further avers that, similarly, the Minister of Home
Affairs did not respond to his request for a waiver of the Notice of prohibited
lmmigrant and to allow him return to Dar es Salaam to pursue his case. lt is the
Applicant's contention that by not responding to those two requests, authorities
of the Respondent state prevented him from exhausting local remedies.
ll
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