CAT/C/65/D/811/2017 examined by the judges of the Federal Administrative Court. In the present case, therefore, on the strength of the information before it, the Committee concludes that the absence of an effective, independent and impartial review of the decision of the Secretariat to expel the complainant constitutes a failure to meet the procedural obligation to provide for effective, independent and impartial review required by article 3 of the Convention. 65 8. In light of the foregoing, the Committee, acting under article 22 (7) of the Convention, concludes that the complainant’s deportation to Eritrea would constitute a breach of article 3 of the Convention. Having found a violation of article 3 were the complainant to be returned, the Committee does not consider it necessary to examine the claim under article 16 of the Convention. 9. The Committee considers that the State party is required by article 3 of the Convention to consider the complainant’s appeal in the light of its obligations under the Convention and the present observations. The State party is also requested to refrain from expelling the complainant while his request for asylum is being reconsidered. 10. Pursuant to rule 118 (5) of its rules of procedure, the Committee invites the State party to inform it, within 90 days from the date of the transmittal of the present decision, of the steps it has taken to respond to the above observations. 65 GE.19-01118 General comment No. 4, para. 13. 15