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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