CAT/C/22/D/120/1998
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President Barre in late 1990, the author’s father, as one of the elders of his
clan, was approached by leaders of the Hawiye clan seeking Shikal financial
support and fighters for the Hawiye militia.
2.2
The author further states that upon refusal to provide support to the
Hawiye militia in general, and in particular to provide one of his sons to
fight for the militia, his father was shot and killed in front of his shop.
The author’s brother was also killed by the militia when a bomb detonated
inside his home, and his sister was raped three times by members of the Hawiye
militia, precipitating her suicide in 1994.
2.3
The author claims that on a number of occasions he barely escaped the
same fate as his family members, and that his life continues to be threatened,
particularly by members of the Hawiye clan who, at present, control most of
Mogadishu. From 1991 until he left Somalia in 1997, he continuously moved
around the country for reasons of security, travelling to places that he
thought would be safer. He avoided checkpoints and main roads and travelled
through small streams and the bush on foot.
2.4
The author arrived in Australia on 2 October 1997 without valid
travel documents and has been held in detention since his arrival. On
8 October 1997, he made an application for a protection visa to the
Department of Immigration and Multicultural Affairs. Following an interview
with the author held on 12 November 1997, the application was rejected on
25 March 1998. On 30 March 1998, he sought review of the negative decision
before the Refugee Review Tribunal (RRT), which turned down his request for a
review on 21 May 1998. The author subsequently appealed to the Minister for
Immigration and Multicultural Affairs who under the Migration Act has the
personal, non-compellable and non-reviewable power to intervene and set aside
decisions of RRT where it is in the “public interest” to do so. This request
was denied on 22 July 1998.
2.5
On 22 October 1998, the author was informed that he was to be returned
to Mogadishu, via Johannesburg. Amnesty International intervened in the case
and, in a letter dated 28 October 1998, urged the Minister for Immigration and
Multicultural Affairs to use his powers not to remove the author as planned.
In addition, the same day the author submitted a request to the Minister to
lodge a second application for a protection visa. In the absence of the
exercise of the Minister’s discretion, the lodging of a new application for
refugee status is prohibited.
2.6
On 29 October 1998, the author was taken to Melbourne Airport to be
deported, escorted by guards from the Immigration Detention Centre. However,
the author refused to board the plane. As a result, the captain of the
aircraft refused to take him on board. The author was then taken back to the
detention centre. On the same day he addressed an additional plea to the
Minister in support of his previous requests not to be removed from Australia;
it was rejected. On 30 October 1998, the author was informed that his removal
would be carried out the following day. On the same date he sought an interim
injunction from Justice Haynes at the High Court of Australia to restrain the
Minister from continuing the removal procedure. Justice Haynes dismissed the
author’s application on 16 November 1998, in view of the fact that the

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