exercised by the Applicant, the Tanzanian lmmigration Act is silent on
whether or how the Minister's decision can be challenged in a court of law.
52.With regard to the Respondent State's contention that the Applicant could
have challenged the Minister's decision in the High Court by way of judicial
review, this Court notes that at the time the Applicant was in a position to
exercise the said remedy, he had already been expelled from Tanzania and
was no longer in the territory of the Respondent state. ln
the
circumstances, it would have been very difficult for him to exercise the
review remedy.
53. Consequently, the Court dismisses the Respondent State's objection to the
admissibility
of the Application on grounds of failure to exhaust local
remedies.
B.
Objection on the ground that the Application was not filed within a
reasonable time
54.The Respondent State alleges that the Application was not filed within a
reasonable time in conformity with Rule 40 (6) of the Rules of court,
arguing that the Applicant seized the Court nine (9) months after the
publication of the "prohibited immigrant" notice, a period it considers
unreasonable.
55.1n his Reply, the Applicant notes that the Minister's letter in response to his
appeal was signed in December, 2014, and that he filed his Application
before this court in May, 2o1s; meaning that only five (5) months had
elapsed between the Minister's final decision and the filing of the matter in
this Court.
56.The Court notes that Rule 40 (6) of the Rules which in substance
reproduces Article 56 (6) of the Charter speaks simply of "a reasonable
time from the date local remedies were exhausted or from the date set by
the Court as being the commencement of the time limit within which it shall
be seized with the matter."
)
13
/'o)
9
E