anudo c republica unida da tanzania processo n 0122015 2018 afchpr 5 22 marco 2018

anudo c republica unida da tanzania processo n 0122015 2018 afchpr 5 22 marco 2018

The deprivation of the applicant's Tanzanian nationality was arbitrary, lacking sufficient legal and evidentiary basis, and failed to provide procedural safeguards or judicial remedies, in violation of international human rights standards. The subsequent expulsion was also arbitrary and resulted in statelessness,...

Source-derived case information.

Citation
anudo c republica unida da tanzania processo n 0122015 2018 afchpr 5 22 marco 2018
Parties
Applicant: Anudo Ochieng Anudo; Respondent: República Unida da Tanzânia
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2018
Procedural Posture
Human Rights Petition / Final Merits Judgment
Outcome
Application allowed in part; violations found; reparations phase reserved.
Legal Topics
Nationality, Arbitrary Deprivation of Nationality, Expulsion, Right to a Fair Hearing, Statelessness, Remedies
Source Language
en
Human Rights Law International Law Nationality Arbitrary Deprivation of Nationality Expulsion Right to a Fair Hearing Statelessness Remedies

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Summary, issues, holding and outcome

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Parties

Anudo Ochieng Anudo

Applicant

República Unida da Tanzânia

Respondent

Procedural Posture

Human Rights Petition / Final Merits Judgment

  1. 1 Whether the applicant was arbitrarily deprived of Tanzanian nationality
  2. 2 Whether the applicant was arbitrarily expelled from Tanzania
  3. 3 Whether the applicant was denied the right to be heard by a court

Ratio Decidendi

The deprivation of the applicant's Tanzanian nationality was arbitrary, lacking sufficient legal and evidentiary basis, and failed to provide procedural safeguards or judicial remedies, in violation of international human rights standards. The subsequent expulsion was also arbitrary and resulted in statelessness, compounding the violations. The applicant was denied access to a court to challenge these decisions, breaching the right to a fair hearing.

Court Disposition

Application allowed in part; violations found; reparations phase reserved.

Orders

  • Declared the deprivation of nationality arbitrary and unlawful.
  • Declared the expulsion arbitrary and unlawful.