4.14 The State party submits that neither DIMA nor RRT was satisfied that the author had a wellfounded 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. application for a protection visa, but, on the recommendation of DIMA, the Minister again declined to consider exercising his discretion. 4.17 The State party notes that in the course of the asylum procedure, the author has not provided factual evidence to support his claims. Furthermore, the State party does not accept that, even if those assertions were correct, they necessarily would lead to the conclusion that he would be subjected to “torture” as defined in the Convention. In making this assessment, the State party has taken into account the jurisprudence of the Committee establishing that a person must show that he or she faces a real, foreseeable and personal risk of being subjected to torture, as well as the existence of a consistent pattern of gross, flagrant or mass violations of human rights. 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. 4.18 The State party does not deny that the attacks on the author’s father, brother and sister occurred as described by the author, nor that at that time and immediately afterwards the author may have felt particularly vulnerable to attacks by the Hawiye clan and that this fear may have caused the author to flee Mogadishu (but not Somalia). However, there is no evidence that the author, at present, would face a threat from the Hawiye clan if he were returned to Somalia. Moreover, in the absence of any details or corroborating evidence of his alleged escapes and in the absence of any evidence or allegations to the effect that the author has previously been tortured, it must be concluded that the author remained in Somalia in relative safety throughout the conflict. The State party points out that it is incumbent upon the author of a communication to present a factual basis for his allegations. In the present case the author has failed to adduce sufficient evidence of an ongoing and real threat of torture by the Hawiye against him and other members of the Shikal clan. 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 4.19 The State party accepts that there has been a consistent pattern of gross, flagrant or mass violations of human rights in Somalia and that, throughout the armed conflict, members of small, unaligned and unarmed clans, like the Shikal, have been more vulnerable to human rights violations than members of the larger clans. However, through diplomatic channels, the State party has been informed that the general situation in Somalia has improved over the past year and, although random violence and human rights violations continue and living conditions remain difficult, civilians are largely able to go about their daily business. The State party has also been informed by its embassy in Nairobi that a small community of Shikal still resides in Mogadishu and that its members are apparently able to practise their trade and have no fear of being attacked by stronger clans. However, as an unarmed clan, they are particularly vulnerable to looters. Although the Shikal, including members of 73