CAT/C/56/D/604/2014 generally a paper process, based on the written submissions and the evidence provided by the parties. However, the Refugee Appeal Division may hold a hearing if it is necessary to address serious issues with respect to credibility.5 Appeals are normally considered by a single member of the Refugee Appeal Division. However, a panel of three members may be constituted in certain circumstances (for instance, when an appeal raises unusually complex or emerging legal issues). In cases in which a panel of three members has been constituted, the Refugee Appeal Division may accept written submissions from a representative or agent of the United Nations High Commissioner for Refugees.6 The Refugee Appeal Division may allow an appeal if it is satisfied that there is an error of law, error of fact or error of mixed fact and law in the decision of the Refugee Protection Division. If the Refugee Appeal Division is satisfied that such an error was made, it may substitute its own determination for that of the Refugee Protection Division or return the matter for redetermination by the Refugee Protection Division.7 4.11 The complainant challenged the Refugee Protection Division’s decision on the basis that it had erred in its assessment of his credibility, in particular by failing to consider all of the evidence. The complainant did not submit any new evidence and did not request an oral hearing. He was represented by counsel. On 18 October 2013, a single-member panel of the Refugee Appeal Division dismissed the complainant’s appeal and confirmed the determination of the Refugee Protection Division that the complainant was not a refugee or person in need of protection. The Refugee Appeal Division concluded that the Refugee Protection Division did not make any errors in its assessment of the complainant’s credibility and that it had considered the evidence before it. The Refugee Appeal Division noted that the Refugee Protection Division considered not only the appellant’s allegations, but also the responses and explanations that he gave during the hearing, as well as various pieces of evidence on the record. The Refugee Appeal Division also determined that the Refugee Protection Division’s decision was consistent with authoritative Canadian case law related to adverse credibility findings, inferences that can be drawn from the failure to claim refugee protection at the earliest opportunity, and the rejection or granting of low probative value to evidence that merely reiterates a version of the facts that the Refugee Protection Division considered to be not very credible. 4.12 The complainant applied for leave to apply for judicial review of the Refugee Appeal Division’s decision on 5 December 2013. The Federal Court denied leave on 13 February 2014, due to the complainant’s failure to file the required materials. The complainant was represented by counsel for his Federal Court proceedings. 4.13 The State party submits that, since filing his communication with the Committee, the complainant has become eligible for a pre-removal risk assessment, that he applied for such an assessment on 2 December 2014 and that he is subject to a legislative stay of removal pending the determination of his assessment. Pre-removal risk assessment applications are considered by officers who are specially trained to assess risk and, more particularly, to consider the Canadian Charter of Rights and Freedoms as well as international human rights obligations relating to refugee protection. In addition to their training on human rights, international instruments and international law, pre-removal risk assessment officers receive instruction on administrative law and jurisprudence. For persons like the complainant, who have already had their claim determined by the Immigration and Refugee Board, a pre-removal risk assessment application is an evaluation largely based on new 5 6 7 Ibid., sections 110 (3) and 110 (6). Ibid., sections 110 (3) and 163; and Immigration and Refugee Board of Canada, “Designation of Three-Member Panels”, available at: www.irb-cisr.gc.ca/Eng/BoaCom/references/pol/pol/Pages/ PolRadSar3MemCom.aspx. See Canada, Immigration and Refugee Protection Act, sections 110 and 111. 7