57.The Court has established
in its previous Judgments that the
reasonableness of the period for seizure of the Court depends on the
particular circumstances of each case and must be determined on a caseby-case basis.a
58.|n the instant case, the Court notes that the Applicant did, as a matter of
fact, file the instant Application on 24 May, 2015, whereas the Minister's
letter in response to his appear was dated
3
December, 2014, thus
representing a period of five (s) months and twenty-one (21) days between
the two dates. For the Court, this period is reasonable, considering
in
particular the fact that the Applicant was outside the country.
59.The Court therefore dismisses the objection to the admissibility of the
Application for non-submission of the same within a reasonable time.
C.
Admissibility conditions not in contention between the parties
60.The court notes that compliance with sub-rules 1 ,2,3,4 and 7 of Rule 40
of the Rules (see paragraph 39 above) is not in contention and that nothing
on record indicates that the requirements of the said sub-rules have not
been complied with. ln view of the aforesaid, the Court finds that the
admissibility conditions have been met; and thus, that the instant
Application is admissible.
VII.
THE MERITS
61. The Court notes that the instant Application invokes the violation of three
fundamental rights: (i) the Applicant's right to nationality and the right not to
be arbitrarily deprived of his nationality, (ii) the right not to be arbitrarily
expelled and (iii) the right to have his cause heard by a court.
4
Application 005/2013, Judgment of 20 November 2015, Alex Thomas v. lJnited Republic of
Tanzania,
paragraph 73; Abubakai r1. United Republic of. T1n_zania, Application OOtt2O13),.tuogmeni
of 3 June 2016,
paragraph 91; and in Chistopher Jonas v. lJnited Republic"of Tanzania, Application
d,ntzO,tS, Judgment 2d
September 2017, S 52
q
74
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