State party’s observations: 6.1 In its submission, dated 3 October 1994, the State party states that a post-claim risk-assessment, conducted in September 1994, resulted in the conclusion that Mr. Khan would not face a danger to life, extreme sanction or inhumane treatment, should he be returned to Pakistan. In the light of this finding and in the light of the need to process a large number of refugee claims in Canada in a timely fashion, the State party requests the Committee to examine the merits of the communication at its thirteenth session. It confines its observations to the merits of the communication only. 6.2 The State party begins by explaining the refugee determination process in Canada, as applied to Mr. Khan, prior to amendments made in February 1993. The refugee determination process was composed of two separate oral hearings, both of which were held before independent, quasi-judicial administrative tribunals. In both these hearings, claimants had the right to be represented by counsel of their choice, and were afforded the opportunity to present evidence, crossexamine witnesses and make representations. If either member of a two-member panel which conducted the initial hearing determined that there was some possible basis for success in the claim for refugee status, the claim proceeded to a second oral hearing before the Refugee Division of the Immigration and Refugee Board. At the second oral hearing, two members of the Refugee Division examined whether the claimant met the definition of "Convention refugee". The claim would succeed, if either member of the panel was satisfied that this was the case. Leave to appeal a negative decision before the Federal Court of Appeal could be asked and was granted if the claimant could show that there was a "fairly arguable case" or a "serious question to be determined". If leave was granted and the Court rendered a negative decision, leave could be sought to challenge this decision before the Supreme Court of Canada. 6.3 The State party submits that the United Nations High Commissioner for Refugees has praised Canada’s refugee protection system as being "among the very best in the world". 6.4 The State party states that outside the framework of the refugee claim process, the Immigration Act allows to determine whether circumstances exist which warrant the granting of permanent resident status to individuals for humanitarian and compassionate reasons. All failed refugee claims before February 1993 were automatically considered for this purpose. Guidelines have been developed to assist immigration officers in making this determination. The guidelines include an assessment of the risk to a person who may not be a "Convention refugee", but may none the less face maltreatment abroad. 6.5 After the amendments to the Immigration Act, which came into force on 1 February 1993, the Act provides for a post-claim risk-assessment for those individuals who are found not to be Convention refugees but face a risk of serious harm should they be returned to their country of origin. A person is allowed to stay in Canada if he, upon removal, would be subjected to an objectively identifiable risk to his life, of extreme sanctions, or of inhumane treatment. In the risk-assessment process claimants have an opportunity to make written submissions on the risks they would face if removed from Canada. A post-claim determination officer reviews also other relevant material, such as the claimant’s immigration file, material from the Refugee Division hearing and country specific information. If a post-claim determination officer comes to the conclusion that removal from Canada would subject a person to the risk identified above, he is allowed to apply for permanent residency. A negative decision is subject to judicial review proceedings, with leave, before the -47-