CAT/C/31/D/199/2002 Page 5 other argumentation on the merits, the minimum substantiation necessary to render a complaint compatible with article 22 of the Convention.1 4.2 On the merits, the State party sets out the particular mechanisms of the Aliens Act 1989 applicable to cases such as the complainant’s. While asylum claims are normally dealt with by the Migration Board and then the Aliens Appeals Board, under certain circumstances either body may refer the case to the Government, appending its own opinion. This constellation arises if the matter is deemed to be of importance for the security of the realm or otherwise for security in general or for the State’s relations to a foreign power (chapter 7, section 11(2)(2) of the Act). If the Migration Board refers a case, it must first be forwarded to the Aliens Appeals Board which provides its own opinion on the case. 4.3 An alien otherwise in need of protection on account of a well-founded fear of persecution at the hands of authorities or others on account of reasons listed in the Convention on the Status of Refugees (under chapter 3, section 2, of the Act) may however be denied a residence permit in certain exceptional cases, following an assessment of an alien’s previous activities and requirements of the country’s security (chapter 3, section 4 of the Act). However, no person at risk of being tortured may be refused a residence permit (chapter 3, section 3 of the Act). In addition, if a person has been refused a residence permit and has had an expulsion decision issued against him or her, an assessment of the situation at the enforcement stage must be made to avoid that an individual is expelled to face, inter alia, torture or other cruel, inhuman or degrading treatment or punishment. 4.4 The State party recalls Security Council Resolution 1373 of 28 September 2001, which enjoins all Member States to deny safe haven to those who finance, plan, support or commit terrorist acts, or themselves provide safe haven. The Council called on Member States to take appropriate measures, consistent with international human rights and refugee law, to ensure asylum seekers have not planned, facilitated or participated in terrorist acts. It also called upon Member States to ensure, in accordance with international law, that the institution of refugee status is not abused by perpetrators, organizers or facilitators of terrorist acts. In this context, the State party refers to the Committee’s statement of 22 November 2001, where the Committee expressed confidence that responses to threats of international terrorism adopted by States parties would be in conformity with their obligations under the Convention. 4.5 With reference to the specific case, the State party details the information obtained by its security services with respect to Mr. A which led him to be regarded as a serious security threat. At the State party’s request, this information, while transmitted to counsel for the complainant in the context of the confidential proceedings under article 22 of the Convention, is not set out in the Committee’s present decision, which is publicly available. 4.6 The State party observes that on 12 December 2002, after referral of the case from the Migration and Aliens Appeals Boards, a state secretary of its Ministry of Foreign Affairs met with a representative of the Egyptian government in Cairo, Egypt. At the State party’s request and with the Committee’s agreement, details of the identity of the interlocutor are not reflected in the text of the present decision. As the State party was considering excluding Mr. A from protection under the Refugee Convention, the purpose of the visit was to determine the possibility, without violating Sweden’s international obligations, including 1 See, for example, Y v Switzerland Case No 18/1994, Decision adopted on 17 November 1994.

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