The applicant argued that he was abandoned in prison on completion of his sentence and the immigration officers had failed to release him to a refugee camp or any designated bodies.
The respondent contended that upon completion of the applicant’s sentence, the minister issued a detention and deportation order. The respondent submitted that the application was premature as the relevant organs were attending to his request for refugee status and, the applicant was being summoned to appear before the national Eligibility Committee (NEC) which was tasked with making recommendations in the granting of refugee status. The respondent also submitted that the Applicant’s affidavit contained legal argument, yet at law, an affidavit should not contain legal argument. Respondent also argued that omnibus the omnibus application was not competent before the court.
The applicant submitted that omnibus applications were permissible at law and conceded that parts of the affidavit contained legal argument thus warranting expungement. The court thus had to determine whether the application was premature and whether an affidavit could contain legal argument.
Ultimately, the High Court considered whether the omnibus application was competent before the court.
Refugee, refugee status, identity documents, security, confiscation of documents, detention, custody
The Applicant is a deacon of the Eritrean Othodox Church. He fled Eritrea to Sudan because he feared persecution by the Eritrean Government on religious grounds and was granted asylum status upon entering Sudan. He subsequently fled from South Sudan to Uganda due to civil war. He then fled Uganda for Tanzania on the 14th of November 2022, fearing persecution on religious grounds.
He was subsequently arrested in Tanzania by Immigration officials who took his refugee status card. He was then surrendered to prison officers, and he was charged with the offence of unlawful presence in Tanzania.
After a full trial, he was sentenced as charged and sentenced to six months imprisonment. He served and completed his sentence on 4th June, 2018. He was, however, not released upon completion of the sentence.
The High Court. held that the application was not premature and that an affidavit should be premised on statements of fact which are to the knowledge of the deponent. The High Court also expunged parts of the applicant’s affidavit containing legal argument.
The High Court also held that it was settled at law that prayers can be combined in one application if they are not opposed to each other or made under different laws.
The court ultimately struck out the omnibus application for being incompetent.
Section 7 of the Refugees Act gives the NEC the mandate to consider applications for refugee status and make recommendations to the minister.