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 Tribunal Members. The State party
advises the Committee that his new application was
comprehensively assessed in light of new evidence
which arose following the Committee’s
consideration. The Tribunal was not satisfied as to
the complainant’s credibility and did not accept that
he is who he says he is - the son of a leading elder of
the Shikal clan.
Author’s response
N/A
Committee’s decision
In light of the complainant’s voluntary departure no
further action was requested under follow-up.
State party
CANADA
Case
Tahir Hussain Khan, 15/1994
Nationality and country of removal
if applicable
Pakistani to Pakistan
89
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