Justice Barnard Namanya of the Civil Division of the High Court has dismissed the habeas corpus application filed by a Somali National who was struggling to survive deportation over his involvement in human trafficking and smuggling.
In his application, Mohamed Hersi Dhiblaaw was seeking a court declaration ordering the Chief of Citizenship and Immigration Control, the minister of Internal Affairs and the Attorney General with immediate effect to release him from any government custody where he is being detained.
In his affidavit evidence, he told court that he is a Somali national of Refugee Identification Card Number H9B00042762 and he was arrested in June 2025 and charged before Nakawa Chief Magistrates Court in Immigration Case No. NAK-00-IM- 0050-2025.
He was convicted on his own plea and sentenced to pay a fine of Shs1m which he paid and the trial magistrate ordered that he should be handed over to the Office of the Prime Minister for further management.
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Despite of the issuance of a release order, he was not released and continues to be detained by the immigration office without any lawful justification.
However, the Attorney General protested the application telling court that the applicant lost his refugee status in Uganda based on the decision of the Refugee Eligibility Committee of the Office of the Prime Minister which lawfully cancelled his refugee status on account of his involvement in criminal activities which was incompatible with his refugee protection in Uganda.
The Attorney General further told Court that following the cancellation of his refugee status, the applicant was handed back to the Chief of Citizenship and Immigration Control where he remains to date in lawful custody awaiting his removal from Uganda.
In his ruling, the judge noted that the evidence produced by the Attorney General was not challenged by the applicant, and in the conclusion the court established that the applicant is lawfully detained by the Government pending his removal from Uganda hence he dismissed his application.
