II. SUBJECT MATTER OF THE APPLICATION A. Facts of the matter 3. The Applicant alleges that, on the basis of a Memorandum of Understanding between the Republic of Mauritius and the Revolutionary Government of Zanzibar signed in 1999, the Minister of Economic Planning of Zanzibar made a public expression of interest inviting Mauritian companies to invest in Zanzibar. In that regard the Applicant, under his company, Cimexpan Limited, signed a concession contract with the Government of Zanzibar in a joint venture for the construction of a “Nyamanzi Free Zone Park”. 4. On 21 September 2001, however, the Government of Zanzibar revoked the concession contract citing the inability of the Applicant to secure funding to the tune of United States Dollars, One Hundred and Fifty Million (USD150, 000, 000) for the joint venture. The Applicant alleges that following the revocation of the concession contract, he was on 26 September 2001, unlawfully deported to the Republic of Kenya. 5. The Applicant alleges that he travelled back to Zanzibar from Kenya and he was arrested once again, on the grounds that he was an illegal immigrant. He further alleges that his passport was stamped with a “Prohibited Immigrant label No. 00000455”. The Applicant further avers that he was arraigned before the Mwanakwerekwe District Court (Case Reference No. 152 of 2002), on 22 January 2002, and that the hearing of the case was conducted in Swahili, a language that he does not understand. He alleges that on 4 February 2002, the Mwanakwerekwe District Court ordered that the Applicant be released on bail for three months, following which, he should be deported to the Republic of Mauritius. The Applicant avers that he was thus deported to the Republic of Mauritius at the end of the threemonth period. 6. On 25 August 2004, the Applicant wrote a letter to the Respondent State, requesting it to waive the Prohibited Immigrant status (hereinafter referred 3