CAT/C/36/D/256/2004 Page 10 there is reason to assume that the intended country of return will not be willing to accept the alien or if there are medical obstacles to enforcing the order. 6.2 Furthermore, a residence permit may be granted if it is of urge nt humanitarian interest for some other reason. When assessing the humanitarian aspects, particular account shall be taken of whether the alien has been in Sweden for a long time and if, on account of the situation in the receiving country, the use of coercive measures would not be considered possible when enforcing the refusal-of-entry or expulsion order. Further special considerations shall be given to a child’s social situation, his or her period of residence in and ties to the State party, and the risk of causing harm to the child’s health and development. It shall further be taken into account whether the alien has committed crimes and a residence permit may be refused for security reasons. 6.3 No refusal-of-entry or expulsion order will be enforced w hile 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 1989 Aliens Act. The same applies to cases that the Board has decided to review on its own initiative. 7.1 On 19 April 2006, the complainant responded that on 15 November 2005 the Swedish Migration Board, ex officio, registered the complainant’s case for examination under the temporary legislation. The complainant has not been provided with a date for consideration of this matter. In any event, he argues tha t as his case was registered with the Committee prior to the enactment of the new temporary legislation, the Committee need not wait for the Board’s decision before considering the merits of this case. 7.2 The complainant applies the new legal grounds to his case, and argues that: there is no reason to believe that Iran will not accept him, (both the Migration Board and Aliens Appeal Board had previously taken this into account and no new circumstances have arisen since); there are no relevant medical obstacles to enforcing the order; the complainant does not have any children residing in Sweden (of crucial importance when considering humanitarian grounds for a permit); and there is no reason to believe that it would not be possible to enforce the expulsion order by coercive means, because of conditions in the country of return. The complainant submits that, considering the current amendment does not aim to encompass people in a similar situation to him, there is no reason to assume that he will be granted a residence permit under this procedure. Thus, according to the complainant, there is no reason to adjourn the case awaiting the outcome of its examination under the temporary legislation. 7.3 On 28 April 2006, the complainant informed the Committee that by decision of the same day the Migration Board had refused to grant him a residence permit under the temporary legislation. Thus, in his view domestic remedies had been exhausted. Issues and proceedings before the Committee: Consideration of admissibility 8. Before considering any claims contained in a communication, 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