Declaration of Prohibited Immigrant
85. In the Reference the Applicant alleges that save for a copy of the “Notice to
Return or Convey Prohibited Immigrant”, he was not furnished with any
reasons, written or verbal why he was declared a prohibited immigrant. At
paragraph 4 of his affidavit evidence, Mr Charles Okello Cowards, the
Principal Immigration Officer, avers, inter alia, that he knows that under S.52
of the Uganda Citizenship and Immigration Control Act, Cap 66, Immigration
officers are not under the obligation to give reasons for such actions. At the
hearing Counsel for the Respondent told Court that the Applicant was handled
under S.52 of Cap 66.
86. Section 52 describes who prohibited immigrants are and provides twelve
categories of them. We will reproduce the Section verbatim:
“The following persons are prohibited immigrants and their entry into
or presence within Uganda is unlawful except in accordance with the
provisions of this Act:a. a destitute person
b. any person who:i) refuses to submit to medical examination after having
been required to do so under section 50;
ii. is certified, by a Government medical practitioner, to be
suffering from a contagious or infectious disease which
makes his or her presence dangerous to the community
c. any person against whom there is in force an order of
deportation from Uganda made under this Act or any other law
for the time being in force;
REFERENCE NO.5 OF 2011
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