then deported to Kenya without any possibility for him to challenge, in
Court, the "prohibited immigrant" notice issued by the Minister of Home
Affairs.
67.The Applicant alleges that the proceedings leading to the decision to
invalidate his passport did not follow the legal procedure as required by
Article 15 (2) (a) of the Constitution of the United Republic of Tanzania.
68.The Applicant contended that his father, who is Tanzanian by birth and with
whom the Respondent State's authorities claimed to have spoken, had
requested a DNA test to ascertain their parental connection but the
Respondent State's authorities did not accede to the request.
69.The Respondent State contends that the Applicant's passport was obtained
on the basis of false documents, adding that the information on the copy of
his father's birth certificate attached to the Applicant's passport application
in 2006 turned out to be contradictory to the statements concerning his
parents, obtained during the investigation conducted on 29 November,
2012.
70.The Respondent State further contends that the birth certificate issued on 6
september, 2015 mentioned by the Applicant and attached
to
the
Application submitted to this Court was obtained on the basis of the false
documents that were presented.
71.The Respondent State also submits that the Applicant was declared a nonTanzanian after the investigation in Masinono village where the Applicant
claimed he was born; that
in light of the discrepancies
between the
questionnaire completed by the Applicant at the lmmigration Office and the
statements obtained during the investigation conducted on 28 November,
2015, the immigration authorities concluded that the Applicant is not a
citizen of the United Republic of Tanzania.
T2.According to the Respondent State, the Applicant had the opportunity to
change his status to one that is legal given that he was asked, in a
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