Statelessness & Citizenship Review 2020 2(1) ISSUES There were two main issues adjudicated in Penessis. First, whether or not the right of the applicant to Tanzanian nationality had been violated, and second, whether or not his arrest and detention were in conformity with the African Charter. HOLDING A Admissibility Tanzania objected that the African Court had no jurisdiction to entertain the case on grounds of: (i) (ii) (iii) failure of the application to constitute proper form and content as per rules of the African Court; 30 failure by the applicant to exhaust local remedies; 31 and failure by the applicant to file the application within reasonable time. 32 The African Court dismissed all three objections, on the following grounds: (i) (ii) (iii) the African Court adopted a flexible approach in relation to the form and content of an application; 33 the applicant had exhausted the remedies available, while the domestic procedures relating to the applicant’s residence, deportation and detention were so intertwined that they could not be separated for these purposes; 34 the reasonableness of the period within which an application must be made depends on particular circumstances of each case, and although two years and almost nine months elapsed between the Court of Appeal ruling and the communication to the African Court, the applicant had during that time been seeking domestic remedies through habeas corpus, and should not be penalised for those efforts. 35 B Merits The African Court determined the applicant's right to Tanzanian nationality (as guaranteed by art 5 of the Charter and art 15 of the UDHR) to have been violated by the respondent state. 36 Consequent on this violation, the respondent state had also violated art 6 of the African Charter on the right to liberty and the security of the person, and art 12 of the African Charter on the right to freedom of movement and residence. 37 The 30 31 32 33 34 35 36 37 ibid 12 [41]–[43]. ibid 14–15 [51]–[54]. ibid 17–18 [64]–[65]. ibid 13–14 [46]–[50]. ibid 17 [61], [63]. ibid 18–19 [68]–[70]. ibid 42 [168](v). ibid 42 [168](vi)–(vii). 175