4.11 It is thus clearly apparent that, since returning to France in 1995, the author has not made use of the legal channels which would have enabled him effectively to explain both to OFPRA and CRR and to the administrative authorities the risks to which he would be allegedly exposed in his country of origin, and to secure effective protection against any action to expel him. 4.12 On the other hand, the author of the communication under consideration has recently brought two appeals before the administrative courts: the first, dated 18 February 1999, seeks a stay of execution of the decision dated 3 July 1998 by the Prefect of Haute-Vienne rejecting his application for residence, and the second, dated 25 February 1999, seeks to have that same decision quashed. Since those two appeals are currently pending, the communication is premature. C. The author's lack of victim status 4.13 The author is at present illegally on French territory, inasmuch as his latest application for a residence permit, submitted pursuant to the circular dated 24 June 1997 on the review of the situation of certain categories of illegal aliens, was definitively rejected by ministerial decision on 16 December 1998. Nevertheless, he does not at present face any administrative or judicial action to expel him. The decision banning him from French territory for three years taken by the Paris Correctional Court on 14 March 1994 has lapsed. Nor is there any order for his deportation for being in France illegally. So long as no such order has been issued by the Prefect, he is safe from any action to expel him to the former Zaire. 4.14 On the assumption that such an order were issued, its implementation would require a decision by the Prefect naming the country of destination. If, at that time, the individual concerned established that his life or liberty would be at risk or that he would be exposed to treatment in breach of article 3 of the European Convention on Human Rights in the event of being returned to his country of origin, expulsion to that country could not be carried out by virtue of article 27 bis of the aforesaid ordinance, and he would be made subject to a restricted residence order in accordance with article 28 of the ordinance. 4.15 If, nonetheless, having heard the author's explanations, the administrative authorities were to consider that the risks in the event of his return had not been established, the author would still however have the possibility of challenging, in the administrative courts, not only the deportation order itself but also the decision on the country of destination. Such an administrative law appeal would, under article 27 ter, have the effect of staying execution, and the deportation order could thus not be put into effect until the court had handed down its ruling. The administrative court has full control of the decision fixing the country of destination and could therefore annul it if it considered the risks proven. In that event, the individual concerned would also benefit from a restricted residence order pursuant to the aforementioned article 28. 4.16 At present the author, who is not subject to any enforceable decision to expel him to his country of origin, cannot plead that he is the victim of a breach of the Convention within the meaning of article 22, paragraph 1, thereof. In any event, if he were to be notified of a decision naming his country of origin as the country of destination, he would have open to him effective remedies which he would have to exhaust before making application to the Committee. Comments by counsel 5.1 K.N.'s counsel submits objections to the State party's observations on admissibility. 170