19 December 2012

Zambia: Deported Simwaya Seeks Judicial Review

Deported Abdul Rwigara Simwaya has sought judicial review in the Lusaka High Court over Government's decision to deport him to Rwanda claiming that he is a Zambian.

Mr Simwaya in his notice of application for leave to apply for judicial review insisted that he was Zambian as he was a current holder of National Registration Card Number 463496/11/1.

He said he was formerly a refugee of Rwandese origin who entered the country through the Democratic Republic of Congo (DRC) in 1966 and was given refugee status in that country.

He said he fled into Zambia after war broke out again in DRC and was granted refugee status here.

"The decision to deport me is palpably malicious, biased, in bad faith, unreasonable and based on an improper motive and is therefore ultra vires according to section 26 of the Immigration and Deportation Act," he said.

This is in a matter in which Mr Simwaya had dragged Home Affairs Minister Edgar Lungu and the Attorney General to court for revoking his Zambian citizenship.

Mr Simwaya indicated that while in Zambia he applied for citizenship on October 17, 1986.

He availed his country of origin and the circumstances of his asylum in DRC and his application was approved.

He said his deportation on allegations that he furnished the Immigration officers with contradictory information on his citizenship and place of birth were not correct.

Mr Simwaya was now demanding a declaration that the purported warrant of deportation should be declared unlawful and constituted abuse of power and that it should be stayed.

He also wants the court to declare that his arrest on December 12 this year and subsequent deportation was unlawful.

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