Immigration and Refugee Protection Act

Marginal note:Decision

• 111 (1) After considering the appeal, the Refugee Appeal Division shall make one of the following decisions:

  • (a) confirm the determination of the Refugee Protection Division;

  • (b) set aside the determination and substitute a determination that, in its opinion, should have been made; or

  • (c) refer the matter to the Refugee Protection Division for re-determination, giving the directions to the Refugee Protection Division that it considers appropriate.

• Marginal note:Manifestly unfounded

  (1.1) For greater certainty, if the Refugee Appeal Division does not set it aside, the Refugee Protection Division’s determination under section 107.1 is confirmed.

• Marginal note:Referrals

  (2) The Refugee Appeal Division may make the referral described in paragraph (1)(c) only if it is of the opinion that

  • (a) the decision of the Refugee Protection Division is wrong in law, in fact or in mixed law and fact; and

  • (b) it cannot make a decision under paragraph 111(1)(a) or (b) without hearing evidence that was presented to the Refugee Protection Division.