with the petitioner's father in Kenya. The petitioner's mother is dead and he has
four siblings all living in Kenya with the exception of one living in Holland.
2.2 From 1980 to 1987, the petitioner lived with his family in Galkayo, in the
North East of the country, where he was educated and trained as a mechanic. The
family then returned to Mogadishu where the petitioner worked as a shopkeeper
from 1989 to 1991.
2.3 The petitioner left Somalia in 1991 because his father, who had been a police
officer in the former Siad Barre government, was being sought after by the United
Somali Congress (USC) militia. In early 1991, the members of this militia came to
the petitioner's family home and raped and killed his sister. The petitioner moved
to Kenya, where he lived from early 1991 to late 1992 and he also spent some time
there in 1994. During his time in Kenya he worked in a restaurant.
2.4 In 1992, the petitioner returned to Somalia because his wife was a member of
the Hawiye clan (the same clan as the USC militia) and this offered him some
protection. From 1992 to 1994, the petitioner worked for the United Nations
Operation in Somalia (UNOSOM) in Mogadishu as an "informer" telling them
where guns were kept. On 3 October 1993, the USC, having found out that the
petitioner was giving information to the UNOSOM, killed the petitioner's wife and
shot the petitioner wounding him in the kidney.
2.5 Subsequently in 1994, while the petitioner was at his father-in-law's house, the
USC shot the petitioner in the shoulder and killed his sister-in-law. As his fatherin-law, was a Hawiye clan member he was able to prevent any further killing but
later told the petitioner he could not protect him any longer and took him to the
airport where the petitioner flew to Kenya with his son.
2.6 The petitioner remained illegally in Kenya until 1997. Then he left for Zambia
and subsequently South Africa where he bought a passport in a different name and
used it to travel to Australia. The petitioner arrived in Australia on 16 July 1998
with no documents. On 28 July 1998 he applied for a protection visa to the
Australian Department of Immigration and Multicultural Affairs ("DIMA"). On 21
August 1998, the petitioner's application was refused. The petitioner sought review
of this decision by the RRT which affirmed the decision not to grant a protection
visa.
2.7 The RRT expressed reservations about the veracity of the petitioner's claims
but it made no finding that the events as described by the petitioner did not happen.
It found that the petitioner could return to Somalia and live outside Mogadishu, in
the Galkayo area in North Eastern Somalia. In making its decision, the RRT took
note of independent reports that factions in the North East and North West of
Somalia would not accept forced returnees. It also noted that the petitioner was not