Answer to Question #127435 in Law for Letlhogonolo

Question

Q.1.1 Apply the various elements of the definition of administrative action to the set of
facts. In your answer you must advise Mrs Opikopi on whether she is the subject
of an individual or general administrative law relationship.
(15)
Q.1.2 Mrs Opikopi would like to challenge the administrative decision in court. She has
a nephew who is a practicing attorney who has volunteered to provide her with
free legal advice during the court proceedings. The Refugees Act, however,
makes provision for the review of administrative decisions by the Standing
Committee and an appeal to the Appeal Board for a decision by a refugee status
determination officer.
With reference to relevant case law, and legislation advise Mrs Opikopi on the
most appropriate avenue to challenge the decision. In your answer provide
reasons on why you have chosen that route.

Answer 1

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