CAT/C//37/D/265/2005** Page 6 6.3 By letter of 16 November 2005, the State party submits that, since a new remedy to obtain a residence permit came 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 had 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 residence permit, inter alia, if 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. 6.4 Furthermore, a residence permit may be granted if it is of urgent 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. 6.5 No expulsion order will be enforced while a case is still 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. 6.6 By letter of 29 March 2006, the State party informs the Committee that, after having examined whether the complainant qualified for a residence permit in Sweden under the abovementioned temporary amendments, the Swedish Migration Board found, by decision of 3 March 2006, that the complainant was not entitled to such a permit. Additional comments by the complainant on the State party’s submission 7. By letter of 11 April 2006, the complainant notes that the State party has not provided sufficient information on how the Swedish Embassy in Ankara carried out its investigation. It further notes that there is a risk that his identity as an asylum seeker in Sweden was disclosed to the Azeri authorities. He adds that his wife and two sons live under very poor conditions in Baku and suffer reprisals from the Azerbaijani authorities.