20121213 TZHC Arusha

20121213 TZHC Arusha

The court held that the challenged provisions of the Tanzania Citizenship Act and Immigration Regulations are not discriminatory as alleged. Both men and women married to Tanzanian citizens must apply for citizenship by naturalization and are subject to the same statutory requirements; marriage alone does not confer citizenship or an automatic right to reside and work. The refusal by the Tanzanian High Commission in Nairobi to enter the petitioner's child's name in her passport was unjustified but not shown to be gender-based discrimination. The petition was found to be misconceived and dismissed.

Citation
20121213 TZHC Arusha
Parties
Petitioner: Sion Gabriel Jones; 1st Respondent: Minister of Home Affairs; 2nd Respondent: Director of Immigration Services; 3rd Respondent: Honourable Attorney General
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
13 December 2012
Procedural Posture
Miscellaneous Civil Cause (constitutional Petition) / Judgment
Outcome
Petition dismissed
Legal Topics
Gender Discrimination, Naturalization, Equality Before the Law, Nationality of Children, Marriage and Citizenship, Resident Permits
Source Language
English
Constitutional Law Immigration Law Citizenship Law Human Rights Gender Discrimination Naturalization Equality Before the Law Nationality of Children +2 more

Case Brief

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Parties

Sion Gabriel Jones

Petitioner

Minister of Home Affairs

1st Respondent

Director of Immigration Services

2nd Respondent

Honourable Attorney General

3rd Respondent

Procedural Posture

Miscellaneous Civil Cause (constitutional Petition) / Judgment

Legal Issues

  1. 1 Whether section 11 of the Tanzania Citizenship Act, Regulation 6 of the Tanzania Citizenship Regulations, and Regulations 8(1)(a) and 9(1)(a) of the Immigration Regulations are unconstitutional for discriminating against Tanzanian women with non-citizen husbands.
  2. 2 Whether non-citizen husbands of Tanzanian women may be allowed to live and work in Tanzania without payment for Resident Permits as is the case for non-citizen wives of Tanzanian men.
  3. 3 Whether the petitioner's husband may be allowed to live and work in Tanzania on the basis of marriage.

Ratio Decidendi

The court held that the challenged provisions of the Tanzania Citizenship Act and Immigration Regulations are not discriminatory as alleged. Both men and women married to Tanzanian citizens must apply for citizenship by naturalization and are subject to the same statutory requirements; marriage alone does not confer citizenship or an automatic right to reside and work. The refusal by the Tanzanian High Commission in Nairobi to enter the petitioner's child's name in her passport was unjustified but not shown to be gender-based discrimination. The petition was found to be misconceived and dismissed.

Court Disposition

Petition dismissed

Orders

  • Petition dismissed as misconceived.
  • No order as to costs due to partial concession by Immigration Department and petitioner's use of legal aid.