farida shakirhasan muraj vs director of immigration services 2000 tzhc 32 23 august 2000
The application was filed prematurely as the applicant's husband's application for naturalization was still pending before the Immigration Department; therefore, the court cannot entertain the matter until a decision is made by the relevant authority.
Source-derived case information.
- Citation
- farida shakirhasan muraj vs director of immigration services 2000 tzhc 32 23 august 2000
- Parties
- Applicant: Mrida Shakirhasan W Raj; Respondent: The Hon. Minister for Home Affairs; Respondent: The Hon. Attorney General
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 23 August 2000
- Procedural Posture
- Civil Application / Preliminary Objection Ruling
- Outcome
- Objection upheld in part; application dismissed as premature.
- Legal Topics
- Locus Standi, Prematurity of Application, Naturalization, Immigration Status
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Mrida Shakirhasan W Raj
Applicant
The Hon. Minister for Home Affairs
Respondent
The Hon. Attorney General
Respondent
Procedural Posture
Civil Application / Preliminary Objection Ruling
Legal Issues
- 1 Whether the application was prematurely filed before the determination of the applicant's husband's naturalization application
- 2 Whether the applicant has locus standi to file the petition on behalf of her husband
Ratio Decidendi
The application was filed prematurely as the applicant's husband's application for naturalization was still pending before the Immigration Department; therefore, the court cannot entertain the matter until a decision is made by the relevant authority.
Court Disposition
Objection upheld in part; application dismissed as premature.
Orders
- Petitioner may refile after the Immigration Department's decision.
Full Case Text
Judgment text and source record
1 paragraphs
IN THE HIGH COURT OF TANZANIA A T Dfiri EH S ALAAM Sg£^-CIVIL_C AU SE ao.?7 I f 'jiw i M R ID A SHAKIRHASAN W RAJ - T ; ~ . ............' t f P L I C * I T VERSUS 2 ! THE H O ^ CM IN IS T F R VOFGH O t - ° W S E R Y ICE) 3 . t h e HON. a t t o r n e y APFAIRS j • • ^ s p o n d e j j t g- u L I 1\T r. 3UBE3HI ^ .t« Mr- Komba “ "*»ts of objections, namely that:!’ ’P °n°8ntS haS ralsed P ^ i n a r ; the application has been prematurely filed as the ■ applicants husband appHcation for* *., Iq vpt k j dppj-xcaxion for naturalization yet to be determined^ as the applicants husband ~^+ aj^a ls ncrt a minor nor nf r ~ ~ — •*“ * - to agree with Mr K a m b j r p o s m l ^ r M s S“b"‘i“*l0n “ ld 1 tend :Ms Sheikh's submissions have dealt at len ht 3 °"S have "^it s . at best need evidential proof. We are not w” * of the charges in Criminal Case No 124/Loo T " ^ ^ ^ husband. What is the current states of th ^ sppllcaaV+ ■ view of the fact that his -a applicant's husband in °n 1/6/2000? such q u e s t i o n s ' n e e T t Y r 1* ^ '-C ' *° SXPlre or her husband. That the ■a n m • “ “ "ered by the applicant toat their permits Could not* be r e n t e d " ^ '' What is the current position? ” speoulatlve. On whether the potitioner has locus stanrtl t k a let of interest the submissions filed bv I1 haVS read with agree with her that a wife h ■ counsel Ms Sheikh. X Petition for and on behll* ? ? “ **“ °f « * » — try can ' , UNITY DOW V» A T T O W Y rr'wniT ^ °and °n the.basls o t ‘\. the Botswana. ^ “ B C » N ° ’V * ^om • 2 * I think at issue here is whether the petitioner’s husband Immigration status has or has not been regularised by the I Immigration Department. Again as I have observed above, this Court is unaware of the decision reached in as far as the petitioner’s husband application is concerned. The same is still pending, and in view of this position, I agree with State Counsel Mwidunda that the application has been filed prematurely. Let the petitioner petition the Court at the appropriate time, that is, after the decision by the Immigration Department’s has been made. Objection raised upheld in part. A.G. BUBESHI JUDGE 23/8/2J|00a Delivered before Mr Chidomu for Respondent and in absence of the applicant, through served*