CAT/C/35/D/250/2004 Page 7 some time after. He re-entered Sweden on 2 August 1996 without reporting his arrival and without applying for a new residence permit. On 7 January 1997, the District Court of Uppsala sentenced him to one year of imprisonment, ordered his deportation and banned him from re-entering Sweden. The complainant did not appeal. 4.5 The State party maintains that the complainant has been convicted on repeated occasions, both in Sweden and other European countries, of different crimes related to smuggling Iranians into Western European countries. He was convicted in Denmark in 1992 and in Sweden in 1984, 1990, 1992, 1997 and 2002. He completed his latest conviction on 20 June 2004. However, on 18 June 2004, the Minister of Justice decided that he should remain in custody. 4.6 The State party notes that, on 12 February 1993, the District Court of Uppsala convicted the complainant and ordered his expulsion since, after having left Sweden in 1987, he visited Iran, where the authorities issued a new identification documents for him on the name of H. .S. The court considered that he had voluntarily re-availed himself of the protection of his country of origin. On appeal, however, the Svea Court of Appeal quashed the expulsion order based on the complainant’s retraction of his alleged former statement. On 7 January 1977, the same court ordered the complainant’s expulsion, taking into account two opinions from the Migration Board that the complainant was ineligible as a refugee, and on the basis that he had been sentenced for crimes punishable by imprisonment, and that there were reasons to believe that he would continue to commit new crimes. The court considered that the complainant was no longer a refugee because he was no longer in need of protection; the special restrictions on the expulsion of refugees were not applicable to his case. 4.7 On 29 April 1997 the complainant submitted his first petition to the Government to obtain a cancellation of the expulsion order. On 16 June 1997, the Swedish Embassy in Iran submitted an opinion which challenged the complainant’s allegations. On 3 July 1997, the Government rejected his request. On the same date, he filed an application with the European Commission. On 7 July 1997, he submitted a new application seeking the revocation of the expulsion order, referring to a book on the subject of religious conflicts and an information booklet for asylum-seekers that he had wr itten three years earlier. On 7 July 1997, the Minister of Justice stayed the enforcement of the expulsion order, pending the Government’s decision on the new application. On 18 September 1997, the Swedish Embassy in Teheran submitted a second opinion on the complainant’s case. On 12 November 1997, he withdrew his second petition with the Government and his request was then struck off its list. On 22 January 1998, the European Commission declared the complainant’s application inadmissible for failure to exhaust domestic remedies. 4.8 On 28 January 1998, the complainant re-applied for cancellation of the expulsion order. On 27 March 1998, the Migration Board reported that impediments against the enforcement of the expulsion order under the Aliens Act could not be totally ruled out. On 5 November 1998, the Government granted the complainant a temporary resident permit, valid six months on the grounds of the special circumstances that were considered applicable at the time. Thereafter, the Government rejected two further applications for cancellation of the expulsion order on 13 January 2000 and on 4 July 2002. In those cases, the Migration Board