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

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