PLEASE HELP ME WITH THIS SCENARIO AND QUESTIONS (ADMINISTRATIVE LAW)

Q. 1

Mrs Opikopi is a citizen of a warravaged country in West Africa. She fled her country of birth, moving gradually southwards and entered South Africa after a long journey. Mrs Opikopi applies for asylum at the Department of Home Affairs in terms of section 21(1) of the Refugees Act 130 of 1998. Pending the outcome of her application for asylum,she was granted an asylum seeker interim permit in terms of the Act, which allows her to stay temporarily in South Africa. Later, however, her application for asylum is rejected by the authorised refugee status determination officer without any input by Mrs Opikopi. No reasons were given, but it later transpired that the rejection was based on the informal notes of the refugee reception officer working in the refugee reception office. From these notes the impression might be created that the decision had been influenced by certain irrelevant factors suggesting bias on the part of the administrator. You are an advisor working at a nongovernmental organisation called Consortium for Refugees and Migrants in South Africa (CRMSA). Mrs Opikopi approaches you to determine how your organisation might be able to assist her in her current predicament:

a. What various elements of the definition of administrative action to the set of facts? and plz advice Mrs OPikopi on whether she is the subject of an individual or general administrative law relationship.

b. 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.

c. Please advise her on whether the following qualify as administrative action. You should state "Yes" or "No", provide the relevant provision of law and give reasons.

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