CAT/C/22/D/120/1998 page 7 making his initial application and that an interview was conducted with him by an officer of DIMA with the assistance of an interpreter. In addition, during the course of the review by RRT of the primary decision, the author attended two days of hearings before RRT, during which he was also assisted by an interpreter. He was not represented by a migration agent at the RRT hearing, but the State party takes the view that legal representation before RRT is not necessary, as its proceedings are non-adversarial in nature. 4.14 The State party submits that neither DIMA nor RRT was satisfied that the author had a well-founded fear of persecution, because he failed to show that he would be persecuted for a reason pertaining to the Convention relating to the Status of Refugees. In particular, although RRT accepted that the author was a member of the Shikal clan and that, at the beginning of the conflict in Somalia, his father and one brother had been killed and one sister had committed suicide, it found that the author had not shown that he would be targeted personally if returned to Somalia. It found that the alleged victim had, at times, had to flee the civil war in Somalia but that this was not sufficient to show persecution for a reason pertaining to the Convention relating to the Status of Refugees. 4.15 The alleged victim sought judicial review of the RRT decision in the High Court of Australia, on the basis that RRT had erred in law and that its decision was unreasonable. He also sought an order restraining the Minister for Immigration and Multicultural Affairs from removing him from Australia until his application was decided. On 16 November 1998, Justice Hayne of the High Court dismissed all the grounds of appeal, rejecting the argument that RRT had erred in law or that its decision was unreasonable. Further, he rejected the application to restrain the Minister of Immigration and Multicultural Affairs from removing the author. Subsequently, on 17 November 1998, the author lodged a communication with the Committee. The Committee requested the State party not to remove the author until his case had been examined. Following such request, the State party interrupted the author’s removal. The State party understands that on 25 November 1998 the author applied for special leave to appeal the decision of Justice Hayne to the Full Bench of the High Court of Australia. 4.16 In addition to the procedures established to deal with claims of asylum pursuant to Australia’s obligations under the Convention relating to the Status of Refugees, the Minister for Immigration and Multicultural Affairs has a discretion to substitute a decision of RRT with a decision which is more favourable to the applicant, for reasons of public interest. All cases which are unsuccessful on review by RRT are assessed by the Department of Immigration and Multicultural Affairs on humanitarian grounds, to determine if they should be referred to the Minister for consideration of the exercise of his or her humanitarian stay discretion. Cases are also referred to the Minister under this section on request by the applicant or a third party on behalf of the applicant. In the present case, the Minister was requested to exercise his discretion in favour of the author, but the Minister declined to do so. The author also requested that the Minister exercise his discretion to allow him to lodge a fresh application for a protection visa, but, on the recommendation of DIMA, the Minister again declined to consider exercising his discretion.