6. Are submitted within a reasonable period from the time local remedies
are exhausted or from the date the Commission is seized of the matter,
and
7. Do not deal with cases which have been setfled by these states
involved in accordance with the principle of the Charter of the United
Nations, or the charter of the organization of African Unity or the
provision of the present Charter."
A.
objection based on the non-exhaustion of rocat remedies
42.The Respondent State avers that the Applicant could have challenged the
decision of the Minister of Home Affairs and lmmigration by filing before
him a petition for waiver or cancellation of the "prohibited immigrant" notice
and also introduce an application for authorization to return to the United
Republic of Tanzania, stating the reasons for the return. lt contends that
under The lmmigration Act, 1ggs, the Minister of Home Affairs and
lmmigration has the discretionary power to grant exemptions in cases of
illegal residence; but that the Applicant never attempted to exercise this
remedy.
43.According to the Respondent State, the Applicant had the opportunity to
challenge the Minister's decision to publish the "prohibited immigrant',
notice as provided under the Law Reform Act, (cap. 310 of the Laws)
which offers the right to remedies to people who feel aggrieved by a
measure taken through an organ of Government or an administrative
authority.
44.The Respondent State further states that the Applicant could have
introduced before the High Court of Tanzania, an Application for review as
a way to remedy the alleged violation of his rights.
45.The Respondent State argues that the afore-mentioned remedies exist
because they are provided under Tanzanian laws; are available and can be
exercised without impediment.
L7
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