CAT/C/37/D/227/2003 Page 12 use of coercive measures would not be considered possible when enforcing the refusal-ofentry or expulsion order. It shall further be taken into account whether the alien has committed crimes and a residence permit may be refused for security reasons. No refusal-ofentry or expulsion order will be enforced while the case is under consideration of the Migration Board. Decisions made by the Migration Board under Chapter 2, Section 5 b, as amended, are not subject to appeal. Applications lodged with the Migration Board under the new legislation, which are still pending by 30 March 2006, will continue to be handled according to the temporary amendments of the Aliens Act. The same applies to cases that the Board has decided to review on its own initiative. 6.4 On 31 March 2006, the complainant responded that on 18 November 2005 the Swedish Migration Board decided to take up his case for examination under the temporary legislation. On 3 March 2006 the Board decided not to grant a residence permit, and to uphold the expulsion order. In the complainant’s further submission dated 12 April 2006, the complainant explained that in the application before the Board he maintained the reasons for asylum that he had given earlier before the Migration Board, the Aliens Appeals Board and the Committee against Torture. He also referred to new medical evidence of JanuaryFebruary 2006 which corroborated that the complainant had been in contact with psychiatric care in Sweden since 2001 and that his initial diagnosis was PTSD. 6.5 The Migration Board based its decision of 3 March 2006 on the grounds that these reasons had already been taken up by the migration authorities and that no new circumstances had emerged regarding them and the risks which the complainant would run if he would have to return to Bangladesh. The Board, therefore, found that he could not be granted asylum or a residence permit as a person otherwise in need of protection. Secondly, the Board found, based on its practice under the temporary amendments to the Act that a single person must have been in Sweden for at least eight years before a residence permit can be granted on those grounds, that the length of the complainant’s stay in Sweden since 2000 was not sufficient. Thirdly, the Board found that his medical evidence did not show that he suffered from such a serious mental illness or comparable condition that a residence permit should be granted for medical reasons and that he could receive adequate treatment in his home country. Therefore, no grounds existed for granting a permit for humanitarian reasons. 6.6 The complainant submits to the Committee that on 11 January 2006 he had been in contact with his brother in Bangladesh who informed him of the continuing interest of the police in the complainant and his wife and children. Allegedly, they have to move around the country to avoid the police and militant members of the Awami League.12 The complainant refers to the U.S. Department of State and the Swedish Foreign Office’s Reports of 2005 in support of his claim that the situation regarding torture in police jails has not improved but worsened. The complainant further claims that restrictive practice used by the Swedish authorities regarding the granting of a residence permit has led to unnecessary suffering on his part and in itself constitutes a violation of article 3 or 16 of the Convention. 12 Neither further information nor supporting documents were provided.