46.The Respondent State concludes that since the Applicant did not exercise
the aforesaid remedies available locally, the Application does not meet the
conditions set forth under Rule 40 (5) of the Rules, and must therefore be
dismissed.
47.The Applicant submits that he has exhausted the local remedies available
in the Respondent State in conformity with section 1O (f) of the Tanzanian
lmmigration
Act which provides that "...every declaration of
the
Director...shall be subject to confirmation by the Minister, whose decision
shall be final."
48.The Applicant also submits that he appealed the "prohibited immigrant,,
decision before the Minister through his father, but that the Minister
confirmed the decision.
49.The Applicant further submits that after his expulsion from the Respondent
state, he wrote to the Prime Minister (through his father), appealing his
expulsion, but that the Minister, requested by the Prime Minister to examine
his request responded, confirming the said expulsion. He avers that,
consequently, the Respondent State was aware of his desire to return to its
territory, and that the avallable domestic remedies have been exhausted.
50.The Applicant also points out that the Tanzanian lmmigration Act does not
provide judicial remedy for the decisions of the immigration authorities.
According to him, the only other remedy was therefore that of review which
is inefficient, unavailable and illogical.
***
51.The Court notes that the Applicant did in actual fact exercise the remedies
provided by the Tanzanian lmmigration Act by first seizing the Minister of
Home Affairs and lmmigration2 of the matter. He also sent a letter to the
Prime Minister3. The Court also notes that beyond these remedies
(
2
See above g 5 of the Judgment
" See above $ 10 ofthe Judgment
L2
9
t/
l/