persuading him not to remain in French territory, and constitutes inhuman and degrading treatment and torture within the meaning of article 1 of the Convention. 5.12 One has only to read the decision by the Prefect of Haute-Vienne refusing the author permission to reside in France, notice of which was served on him on 27 July 1998, to see that he is given a month to leave the country, after which time an order for his deportation will be issued. French administrative practice is as follows. Either a deportation order is sent by recorded delivery to the individual's last known address; in this case it is final, and that the individual may not know of its existence is irrelevant; or else a deportation order is immediately produced, served on the individual and put into effect when he is arrested or subjected to an identity check. In the former case, the individual has seven days in which to appeal. K.N. does not know whether such a letter was sent to him. In the latter case, an appeal must be entered within 48 hours. It cannot seriously be maintained that, in such circumstances, the author would have the time and opportunity to establish what risks he is running, when he had been denied the option of doing so since 1992. Such an appeal did indeed entail a stay of execution, but the court is required to give its ruling within 48 hours. In the circumstances, this cannot be regarded as an effective and appropriate remedy. 5.13 According to counsel, arguments based on fears and on risks run in the country of destination are of no avail against the expulsion order itself and can at best serve to have the decision as to country of destination overturned where appropriate. Besides the additional procedural complication this creates for the alien, who must remember to state specifically that he also contests the possible decision as to country of destination and adduce separate factual and legal arguments for that purpose, there is nothing that obliges the administration to notify the decision as to country of destination at the same time as the expulsion order. On the contrary, it has now become common practice, precisely in order to prevent any appeal entailing stay of execution from being lodged, not to notify an alien in detention of this decision until the 48 hours for appealing against the expulsion order have expired. That alien who is being expelled has the two months allowed under ordinary law to enter a traditional appeal against the decision as to country of destination. That appeal, which does not entail a stay of the expulsion, will be heard after the customary delay of some years. The Committee's considerations 6.1 Before considering any claims contained in a communication, the Committee must decide whether or not it is admissible under article 22 of the Convention. 6.2 In accordance with article 22, paragraph 5 (b), of the Convention, the Committee does not consider any communication unless it has ascertained that the author has exhausted all available domestic remedies; this does not apply where it has been established that the application of the remedies has been or would be unreasonably prolonged or that it is unlikely to bring effective relief to the alleged victim. 6.3 In the present case, the Committee notes that, since arriving in France in 1995, the author has not submitted a fresh application for refugee status to OFPRA although there are new facts which he could adduce. The Committee notes, in that connection, the statement by the State party that, though not indeed entitled to obtain a residence permit so long as the ban on his presence on French territory remained in effect, the author could not seriously maintain that this state of affairs prevented him from submitting a fresh application for refugee status or emphasizing the risks he would run if returned to his own country. The State party also says that, his banishment from French territory having ceased to be effective as of March 1997, the author could thereafter have submitted an application for refugee status subject to the usual conditions. The Committee notes also that the author's appeal against the decision by the Prefect rejecting his application for residence and his application for suspension of the expulsion order, lodged before the administrative authorities in July 1998 173