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LW309 Administrative Law

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Question:

Write a legal opinion critically examining the Minister’s decision to issue the Removal Order. The legal
opinion should rely on the following:
(a) Reading material from LW 309 course;
(b) Case law - you are expected to refer to case laws provided in reading material (if relevant) as well as undertake additional case law research in the jurisdiction of your choice. Remember to identify whether a case law has binding or persuasive value in the jurisdiction of your choice (representing Pacifika); and
(c) Refer solely to the legislation set out in this Assignment Question (Immigration Act No. 10 of 2000) and no other Immigration Acts that you may believe are relevant. The purpose of the assignment is to see how well you have understood critical administrative law principles and able to use them to critically analyze relevant facts. 
 
Abusu is a citizen from the Republic of Dudu. In 2014, he relocated to Pasifika and established a Computer Company. He has a valid residence and business permit. His partner Melody is from Pasifika.It was alleged that Abusu is a wanted man in the Republic of Dudu. This was based on an email correspondence on 7 August 2018 between the Mr. Tati, Pasifika Police Commissioner and Mr. Holland Mafu, Chairman of the Republic of Dudu Independent Commission Against Corruption that Abusu is a wanted man.

There was no extradition request from the Republic of Dudu. However, on 10 August 2018 Tumu the Minister of Immigration of Pasifika signed a Removal Order pursuant to the powers conferred to the Minister by section 666A (1)(b) of the Immigration Act No. 10 of 2000. The Minister decided not to give Abusu any prior notice before issuing the Removal Order on 10 August 2018. He had become concerned that in respect of Removal Orders issued by him that his intentions to issue Removal Orders had been ‘leaked’ to the subjects of the Removal Orders before the Orders were
issued. 

The Minister was concerned if prior notice was given to Abusu he might escape to another country to avoid facing charges in the Republic of Dudu.To substantiate the contents of the email correspondence on 7 August 2018, Mr. Tati travelled to the Republic of Dudu on 15 August 2018 to meet with Mafu. Following that meeting Mr. Tati returned to
Pasifika and produced a sworn statement.
 
Attached with the sworn statement were documents from the Independent Commission Against Corruption in relation to Abusu including previous conviction records.The information contained in Mr. Tati’s sworn statement was drawn upon by the Minister of Immigration to justify his decision to issue the Removal Order on 10 August 2018. The Minister is now in the process to proceed to enforce the Removal Order.Advise Abusu on whether the decision of the Minister can be challenged through judicial review.
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