CAT/C/36/D/256/2004 Page 9 understood everything that he had stated. In any event, all his efforts to correct the errors and misunderstandings would have been pointless. 5.4 The complainant submits that use of Embassy reports precludes any asylum applicant from opposing the information upon which an asylum application may be rejected. The practice could jeopardize the security of the asylum seeker if he/she is returned to his country of origin, or his/her relatives that remain in the country of origin. As the information is often supplied by a person living in the country of origin, an informant could feel compelled to give false information to avoid reprisals from the authorities. The complainant submits that it is difficult for him, as he is not a legal expert, either to comment on the arguments made relating to the application for conversion of the flogging sentence or to make any comments on the advice received by the State party from the alleged legal expert. It is also difficult to comment on their qualifications as they remain anonymous. He submits that what is likely to happen as expressed by the legal expert and what actually happened in this case should not be confused. The complainant confirms that the documents submitted were copies of the originals, but continues to claim that they are authentic. 5.5 The author confirms that the judge that returned the verdict of guilty knew of his kidney problem, but would also have known that the sentence would not have been carried out until several days later, when presumably, his state of health would have improved. It is clear from the decision that the reason the court did not approve the complainant’s application was due to the fact that no evidence was presented that could strengthen his request for a conversion. The Court denied his application, in accordance with the religious and legal grounds state in the decision. 5.6 As to the fax marks on the documents, the complainant states that they were faxed from Iran to the Migration Boards’ Office fax machine in Kiruna. The incorrect date stamp is a result of the Migration Board’s failure to update the time function on the fax machine. As to the State party’s remark that it could find no information on the SPI, the complainant submits that the address of its official website (www.jonbesh-iran.com) is written on all the official party papers provided to the State party, and a simple internet search, produces 365 results. 2 Supplementary submissions from the State party and the complainant’s comments 6.1 On 16 November 2005, the State party submitted that since a new remedy to obtain a residence permit had come into force under temporary legislation, the complaint should be declared inadmissible for non-exhaustion of domestic remedies, or at least be adjourned awaiting the outcome of the application of this new procedure. On 9 November 2005, temporary amendments were enacted to the 1989 Aliens Act. On 15 November 2005, these amendments entered into force and were to remain in force until a new Aliens Act entered into force on 31 March 2006. These temporary amendments introduced additional legal grounds for granting a residence permit with respect to aliens against whom a final refusal- ofentry or expulsion order has been issued. According to the new Chapter 2, section 5 b of the Aliens Act, if new circumstances come to light concerning enforcement of a refusal-of-entry or expulsion order that has entered into force, the Swedish Migration Board, acting upon an application from an alien or of its own initiative, may grant a reside nce permit, inter alia, if 2 The complainant provides some of this information.