CAT/C/22/D/62/1996 page 8 after he had filed the communication with the Committee. Had there not been an expulsion order in force at that time, it would have been senseless for the author to lodge the complaint. Issues and proceedings before the Committee 6.1 Before considering any of the allegations in a communication, the Committee against Torture must decide whether or not the communication is admissible under article 22 of the Convention. 6.2 The Committee notes the State party’s assertion that on 24 May 1997, following the rejection of the author’s first application for asylum, the Office of Refugee and Migration Affairs informed the Alien Police authorities that, despite the fact that the author had not been granted asylum, the Office considered that he could not be returned to his country of origin. It also notes that, on the basis of that statement, the Alien Police issued a certificate allowing the author to stay in the country temporarily. The Committee finds that the information provided by the author does not show that the above-mentioned certificate is not valid at the present time. The Committee further notes that the author is unaware of an expulsion procedure being initiated against him after the final judicial decision rejecting his second application for asylum. In the circumstances, the Committee considers that the author is in no immediate danger of expulsion and, therefore, the communication, as it stands, is inadmissible under article 22, paragraph 2, of the Convention as incompatible with the provisions of article 3 of the Convention. 7. Accordingly, the Committee decides: (a) That the communication is inadmissible; (b) That this decision may be reviewed under rule 109 of the Committee’s rules of procedure upon receipt of a request by or on behalf of the author containing information to the effect that the reasons for inadmissibility no longer apply; (c) That this decision shall be communicated to the State party, the author and his representative. [Done in English, French, Russian and Spanish, the English text being the original version.] -----

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