20130903 TZHC Mwanza

20130903 TZHC Mwanza

The notice of prohibited immigrant issued to the applicant was incomplete and un-executable as it was not confirmed by the Minister for Home Affairs. The order was therefore unlawful and ought not to have been acted upon. The decision was not appealable to the Minister under section 23 of the Immigration Act, so certiorari was the proper remedy.

Citation
20130903 TZHC Mwanza
Parties
Applicant: Josephine Wegesa Mkono; 1st Respondent: Principal Commissioner for Immigration Services; 2nd Respondent: Attorney General
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
3 September 2013
Procedural Posture
Miscellaneous Civil Cause (application for Certiorari) / Ruling on Application for Orders of Certiorari
Outcome
Application granted
Legal Topics
Certiorari, Deportation, Prohibited Immigrant, Jurisdiction, Appeal Procedures
Source Language
English
Administrative Law Immigration Law Judicial Review Certiorari Deportation Prohibited Immigrant Jurisdiction Appeal Procedures

Case Brief

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Parties

Josephine Wegesa Mkono

Applicant

Principal Commissioner for Immigration Services

1st Respondent

Attorney General

2nd Respondent

Procedural Posture

Miscellaneous Civil Cause (application for Certiorari) / Ruling on Application for Orders of Certiorari

Legal Issues

  1. 1 Whether the decision of the Principal Commissioner for Immigration declaring the applicant a prohibited immigrant and deporting her was lawful
  2. 2 Whether the order was appealable or subject to judicial review by certiorari
  3. 3 Whether the order required confirmation by the Minister for Home Affairs

Ratio Decidendi

The notice of prohibited immigrant issued to the applicant was incomplete and un-executable as it was not confirmed by the Minister for Home Affairs. The order was therefore unlawful and ought not to have been acted upon. The decision was not appealable to the Minister under section 23 of the Immigration Act, so certiorari was the proper remedy.

Court Disposition

Application granted

Orders

  • Order of certiorari issued quashing the decision of the Principal Commissioner for Immigration made on 13th October 2011 declaring the applicant a prohibited immigrant and deporting her from Tanzania
  • Costs awarded to the applicant