68
Case
Date of
adoption
No.120/1998
Shek Elmi v.
Australia
25 May
1999
Nationality of
complainant
and country of
removal if
applicable
Somali to
Somalia
Article of
Covenant
violated
3
Interim
measures
granted and
State party’s
response
Granted and
acceded to by
the State party
Remedy
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.
Follow-up
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 had
decided that it was in the
public interest to exercise his
powers under section 48B of
the Migration Act 958 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 explained that the
complainant had lodged his
second protection visa
application on
24 August 1999. On
Further action
In light of the
complainant’s
departure no
further action
requested under
follow-up.
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