Immigration and Refugee Protection Act (S.C. 2001, c. 27)
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Act current to 2024-08-18 and last amended on 2024-06-20. Previous Versions
Marginal note:Effect of decision
114 (1) A decision to allow the application for protection has
(a) in the case of an applicant not described in subsection 112(3), the effect of conferring refugee protection; and
(b) in the case of an applicant described in subsection 112(3), the effect of staying the removal order with respect to a country or place in respect of which the applicant was determined to be in need of protection.
Marginal note:Cancellation of stay
(2) If the Minister is of the opinion that the circumstances surrounding a stay of the enforcement of a removal order have changed, the Minister may re-examine, in accordance with paragraph 113(d) and the regulations, the grounds on which the application was allowed and may cancel the stay.
Marginal note:Vacation of determination
(3) If the Minister is of the opinion that a decision to allow an application for protection was obtained as a result of directly or indirectly misrepresenting or withholding material facts on a relevant matter, the Minister may vacate the decision.
Marginal note:Effect of vacation
(4) If a decision is vacated under subsection (3), it is nullified and the application for protection is deemed to have been rejected.
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