CAT/C/37/D/227/2003 Page 13 Issues and proceedings before the Committee Consideration of the admissibility 7.1 Before considering any claims contained in a complaint, the Committee against Torture must decide whether or not it is admissible under article 22 of the Convention. The Committee has ascertained, as it is required to do under article 22, paragraph 5 (a), of the Convention, that the same matter has not been and is not being examined under another procedure of international investigation or settlement. The Committee notes that the exhaustion of domestic remedies was not contested by the State party in its initial submission and on 3 March 2006 a final decision on the complainant’s renewed application was reached by the State party’s authorities under the temporary amendments to the 1989 Aliens Act. 7.2 With regard to the complainant's allegation raised in the latest submission of 12 April 2006 that the treatment that he has been subjected to by the Swedish authorities by the restrictive practice used by them regarding the granting of a residence permit, which leads to unnecessary suffering on his part, in itself constitutes a violation of article 3 or 16 of the Convention, the Committee considers that the complainant has not submitted sufficient evidence in substantiation of this claim. 7.3 Concerning the claim under article 16 relating to the complainant's expulsion in light of his mental health, the Committee recalls its prior jurisprudence that the aggravation of the condition of an individual's physical or mental health by virtue of a deportation is generally insufficient, in the absence of additional factors, to amount to degrading treatment in violation of article 16. 13 The Committee notes the medical evidence presented by the complainant demonstrating that he suffers from PTSD, most probably as the consequences of the treatment suffered by him in 1997 and 1999. The Committee considers, however, that the aggravation of the complainant's state of health which might be caused by his deportation is in itself insufficient to substantiate this claim, which is accordingly considered inadmissible. 7.4 As to the claim under article 3 concerning torture, the Committee considers, particularly in light of the complainant's account of his previous torture, that he has substantiated this claim, for purposes of admissibility. In the absence of any further obstacles to the admissibility of this claim, the Committee accordingly proceeds with its consideration on the merits. Consideration of the merits 8.1 The issue before the Committee is whether the removal of the complainant to Bangladesh violated the State party's obligation under article 3 of the Convention not to expel or to return (‘refouler’) a person to another State where there are substantial grounds for believing that he or she would be in danger of being subjected to torture. 8.2 The Committee must evaluate whether there are substantial grounds for believing that the complainant would be personally in danger of being subjected to torture upon return to Sweden. In assessing the risk, the Committee must take into account all relevant considerations, pursuant to article 3, paragraph 2, of the Convention, including the existence of a consistent pattern of gross, flagrant or mass violations of human rights. However, the 13 Supra n.4 and supra n.6.