EXAMPACK ADL2601

Contents May/June 2013 .........................................................................................................................................2 Oct/ Nov 2013...........................................................................................................................................9 May/June 2014 .......................................................................................................................................18 Oct/Nov 2014..........................................................................................................................................24 2 LUCIANO SCHOOL OF LAW & SOCIAL SCIENCES [LSLSS] May/June 2013 Ms REF Ugee is a citizen of a war-ravaged country in West Africa. She fled her country of birth, moving gradually southwards and entered South Africa after a long journey. Ms REF Ugee 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 her application for asylum, she was granted an asylum seeker 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 authorized refugee status determination officer without any input by Ms REF Ugee. 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 officer responsible for issuing her with the asylum seeker permit. From these notes the impression might be granted that the decision had been influenced by certain irrelevant factors suggesting bias on the part of the administrator. The Refugees Act makes provision for review by the Standing Committee and an appeal to the Appeal Board of a decision by a refugee status determination officer. You are a legal advisor working at a non-governmental organization (NGO) called Consortium for Refugees and Migrants in South Africa (CRMSA). Ms Ugee approaches you for assistance on ways and means on how the NGO might be able to come to her assistance. Answer the following questions and substantiate your answers. Question 1 1.1 Briefly explain what an administrative-law relationship is. Do you think Ms REF Ugee is a subject of an administrative-law relat