This was an appeal against convictions for unlawful presence in Tanzania and giving false information in terms of the Immigration Act.
In relation to the first count, the state attorney declined to support the convictions. The appellant made available to the court documents which reveal his status in Tanzania as a refugee. The court held that the documentary evidence clearly demonstrated the appellant's innocence and that the officials had harassed the appellant and made no attempt to verify his claim that he was a genuine refugee. The court held that the appellant's guilt in respect of the first count was far from proved, let alone beyond reasonable doubt.
In relation to the second count, the court held that for a false statement made to an immigration officer to be an offence, the maker must have made it knowing that such officer would act or omit to act in a manner as to be detrimental to some person or contrary to what such officer would have done if the true facts had been known. The court accepted the appellant's version that he made the false statements because he was subjected to threats, and the official was unlikely to act to the detriment of any person or contrary to what an immigration officer would act because he knew the true facts.
Refugee; unlawful detention; unlawful presence; making of false statements; immigration law; harassment by immigration officials
The appellant was charged with and convicted of the offences of unlawful presence in Tanzania and giving false information in terms of ss 26 (1)(i) and 26(2), and s.26(1)(a) of the Immigration Act, 1972, respectively. He was sentenced, respectively, to pay a fine of Shs. 10,000/= or three years imprisonment, and a fine of Shs. 5,000/= or one year imprisonment. He failed to pay the fines and so was committed to prison. The appellant said that he was from Rwanda, that he came to Tanzania with his parents in 1964 as a genuine refugee, that he had since applied for citizenship but was yet to be registered as such, and that he was registered at the Mwese Refugee Settlement in Mpanda District. He called one witness who fully corroborated his story. However, the trial court convicted him as charged.
Both the convictions and sentences were set aside. The court ordered that the appellant be released forthwith unless otherwise lawfully detained.
There was no evidence to support the conviction of being in Tanzania unlawfully (the first count), and the conduct of the appellant did not amount to giving false information in terms of the Immigration Act (the second count).