Facts
In an application for the order of certiorari the trial judge found that the respondent has acted ultra vires his powers and quashed the respondent's order to deport the applicant.
Held:
(i) If an administrative authority is acting within its jurisdiction or intra vires, and no appeal from it is provided by statute, then it is immune from control by a court of law. But if it exceeds its power, or abuses them so as to exceed them, a court of law can quash its decision and declare it to be legally invalid.
(ii) the Immigration Act, 1972 does not empower the Minister to deport Tanzanian citizens from the country.
(iii) it is upon the person who is the subject of an order of deportation to prove that he is a citizen of Tanzania.
Case Information
Order accordingly.
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