Government of Canada / Gouvernement du Canada
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Immigration and Refugee Protection Act (S.C. 2001, c. 27)

Act current to 2023-11-14 and last amended on 2023-06-22. Previous Versions

Marginal note:Effect of decision

  •  (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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