Immigration law

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3 documents

Title	Date
Abucar and 7 Others v Attorney General (Civil Suit No. 437 of 2019) [2022] UGHCCD 49 (18 March 2022) Administrative circular denying citizenship by birth based on origin or skin colour is unlawful; eligible applicants entitled to documentation. Citizenship — constitutional and statutory tests for citizenship by birth (Articles 9 and 10; s.12 Citizenship & Immigration Control Act) — prima facie weight of government-issued passports, IDs and birth certificates — administrative circular discriminating on origin/colour unlawful — remedies: declaratory relief and ordering issuance/renewal of identity documents.	Judgment	18 March 2022
Bahinduka v Rwemulikya and Another (Election Petition No. 3 of 2006) [2016] UGHCEP 26 (15 August 2016) Applicant failed to prove respondent was not a Ugandan citizen; respondent’s Ugandan documents established lawful nomination and election. Election law – qualification to stand for Parliament – citizenship by birth and descent under the Constitution and relevant statutes Evidence – authenticity and admissibility of documentary proof (uncertified photocopies, foreign voter cards) and proper proof of provenance. Burden and standard of proof in election petitions – contestant bears burden; balance of probabilities. Local authority powers – limits on registration of aliens under Aliens (Registration and Control) Act	Judgment	15 August 2016
Centre for Public Interest Law Ltd and Another v Attorney General (Constitutional Petition No. 34 of 2010) [2015] UGCC 9 (6 October 2015) Article 12 registration exclusions stand; refugees remain eligible for consideration for naturalization under statutory law. Constitutional interpretation – Citizenship by registration (Article 12) – rule of harmony; Citizenship by naturalization (Article 13) – statutory regime (section 16 of the Act) includes refugees as "aliens" eligible for consideration; Judicial relief – courts will not issue general orders against unnamed agencies absent evidence of a refused or unprocessed application.	Judgment	6 October 2015