anudo c republique unie de tanzanie requete n 0122015 2018 afchpr 5 22 mars 2018

anudo c republique unie de tanzanie requete n 0122015 2018 afchpr 5 22 mars 2018

The Court found that the applicant was arbitrarily deprived of his Tanzanian nationality, as the state failed to provide convincing evidence to rebut the applicant's long-standing status as a national, supported by official documents and community testimony. The deprivation was not based on clear legal grounds,...

Source-derived case information.

Citation
anudo c republique unie de tanzanie requete n 0122015 2018 afchpr 5 22 mars 2018
Parties
Applicant: Anudo Ochieng Anudo; Respondent: Republique-Unie de Tanzanie
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2018
Procedural Posture
Human Rights Application / 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, Apatridie (statelessness), Right to Return, Due Process, Remedies
Source Language
en
Human Rights Law International Law Administrative Law Nationality Arbitrary Deprivation of Nationality Expulsion Right to a Fair Hearing Apatridie (statelessness) +3 more

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Summary, issues, holding and outcome

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Parties

Anudo Ochieng Anudo

Applicant

Republique-Unie de Tanzanie

Respondent

Procedural Posture

Human Rights Application / 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 a fair hearing before deprivation of nationality and expulsion

Ratio Decidendi

The Court found that the applicant was arbitrarily deprived of his Tanzanian nationality, as the state failed to provide convincing evidence to rebut the applicant's long-standing status as a national, supported by official documents and community testimony. The deprivation was not based on clear legal grounds, lacked procedural safeguards, and the state failed to conduct a DNA test that could have resolved factual disputes. The expulsion was arbitrary, as it was based on the unlawful deprivation of nationality and denied the applicant the right to return to his country. The applicant was also denied access to a judicial remedy to challenge the deprivation and expulsion, violating his...

Court Disposition

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

Orders

  • State must amend its legislation to provide judicial remedies in nationality disputes.
  • State must take all necessary measures to restore the applicant's rights, including permitting his return, ensuring his protection, and reporting to the Court within 45 days.