State party
AUSTRALIA
Case
Shek Elmi, 120/1998
Nationality and country of removal
if applicable
Somali to Somalia
Views adopted on
25 May 1999
Issues and violations found
Removal - article 3
Interim measures granted and State party
response
Granted and acceded to by the State party
Remedy recommended
The State party has an obligation to refrain from
forcibly returning the complainant to Somalia or to
any other country where he runs a risk of being
expelled or returned to Somalia.
Due date for State party response
None
Date of reply
23 August 1999 and 1 May 2001
State party response
On 23 August 1999 the State party responded to
the Committee’s views. It informed the Committee
that on 12 August 1999, the Minister for
Immigration and Multicultural Affairs decided that
it was in the public interest to exercise his powers
under section 48B of the Migration Act 1958 to
allow Mr. Elmi to make a further application for a
protection visa. Mr. Elmi’s solicitor was advised of
this on 17 August 1999, and Mr. Elmi was
personally notified on 18 August 1999.
On 1 May 2001, the State party informed the
Committee that the complainant had voluntarily
departed Australia and subsequently “withdrew”
his complaint against the State party. It explains
that the complainant had lodged his second
protection visa application on 24 August 1999.
On 22 October 1999, Mr. Elmi and his adviser
attended an interview with an officer of the
Department. The Minister of Immigration and
Multicultural Affairs in a decision dated
2 March 2000 was satisfied that the complainant
was not a person to whom Australia has protection
obligations under the Refugee Convention and
refused to grant him a protection visa. This
decision was affirmed on appeal by the Principal
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