The court, upon considering the evidence and submissions, declared that the plaintiffs, born in Uganda to parents or grandparents who were citizens of Uganda, are citizens by birth as per article 10 of the Constitution and section 12 of the Citizenship and Immigration Control Act. The court found the circular issued by the Deputy Passport Control Officer, which denied citizenship based on color and origin, to be irregular, null, and void.
Asylum seeker, illegal foreigner, asylum, asylum transit visa, asylum permit, non-refoulement, detention, administrative detention, imprisonment
The court addressed the interpretation of the right to seek asylum for asylum seekers present unlawfully in the country, categorizing them as "illegal foreigners." Analyzing the interplay between the Immigration Act and the Refugees Act, the court relied on Constitutional Court decisions (Ruta v Minister of Home Affairs, Abore v Minister of Home Affairs) to clarify the application of the principle of non-refoulement, especially post the 2020 amendments to the Refugees Act. These decisions emphasized that despite an asylum seeker's unlawful presence, they possess the right to seek asylum upon expressing intent. The court interpreted the 2020 amendments, stating that the detention of "illegal foreigners" should end when an intention to seek asylum is indicated, not requiring a formal application.
The appeal was upheld. The court ruled that the plaintiffs were entitled to the issuance and renewal of Ugandan identification and citizenship-related documents. The Directorate of Citizenship and Immigration Control was ordered to issue national identity cards to eligible applicants of Somali origin. The court, recognizing the public interest, declined to award general damages but directed each party to bear its costs.
The court interpreted the 2020 amendments to the Refugees Act and Regulations according to section 2 of the Refugees Act which captures the protection of refugees and asylum seekers under the principle of non-refoulement.
The court was also guided by the decisions of the Constitutional Court in Ruta v Minister of Home Affairs, Abore v Minister of Home Affairs and Another.