CAT/C/59/D/581/2014 federal court had been declined, and that he was therefore liable to be removed to India. The complainant submits that he has exhausted all available and effective domestic remedies. The complaint 3. The complainant claims that his deportation to India would violate his rights under article 3 of the Convention because he would be at personal risk of being persecuted, tortured and ill-treated. State party’s observations on admissibility and the merits 4.1 By note verbale of 2 July 2014, the State party submitted its observations on admissibility and the merits of the complaint. The complainant’s claim was considered by the Refugee Protection Division of the Immigration and Refugee Board of Canada on 19 April and 1 May 2013. The Division is an independent, quasi-judicial, specialized tribunal that considers applications by foreign nationals seeking the protection of the State party because of a fear of persecution, torture or other serious violations of their human rights if they were to be removed to their country of origin. 4.2 The Division determines not only whether a person is a refugee within the meaning of the Convention relating to the Status of Refugees, but also whether the claimant is a person in need of protection under section 97 of the Immigration and Refugee Protection Act of Canada. Section 97 of the Act mandates the protection of persons facing a real risk of torture, within the meaning of article 1 of the Convention, on removal from the State party. Generally speaking, a person who is determined to be a “person in need of protection” has a statutory right under section 115 of the Immigration and Refugee Protection Act not to be removed. This statutory principle of non-refoulement is in addition to the rights guaranteed by the Canadian Charter of Rights and Freedoms. 4.3 The Refugee Protection Division holds oral hearings that are usually held privately and are conducted in an informal and non-adversarial manner. Officials from the Office of the United Nations High Commissioner for Refugees may observe the proceedings. Individuals seeking protection as refugees or protected persons are usually assisted by legal counsel and an interpreter and are given every opportunity to establish, through oral testimony and supporting documentary evidence, that they are refugees or persons in need of protection. 4.4 The State party further submits that members of the Division receive comprehensive, ongoing training in the provisions of the Convention relating to the Status of Refugees and other aspects of the State party’s international legal obligations, including the obligation to protect against removal leading to torture or other equally serious violations of human rights. Division members are well informed and develop expertise in the prevailing conditions and events in countries where persecution or other human rights violations are alleged to occur. The Division comes to its conclusions based on the evidence adduced during the oral hearing and all available relevant documentation supplied to it. It communicates all its decisions in writing. The Division provides written reasons for all negative decisions, and for positive decisions if the Minister was not present when the Division rendered an oral decision, as well as reasons allowing a claim for refugee protection. 4.5 During the hearings on 19 April and 1 May 2013, the complainant was duly represented by counsel, had access to the assistance of an interpreter, and had a right to submit evidence and make submissions. The complainant provided oral testimony and had an opportunity to respond to questions posed by the Division to explain any perceived inconsistencies or ambiguities. By its decision dated 21 May 2013, the Division determined 3