Immigration and Refugee Protection Act

Marginal note:Removal order stayed

• 68 (1) To stay a removal order, the Immigration Appeal Division must be satisfied, taking into account the best interests of a child directly affected by the decision, that sufficient humanitarian and compassionate considerations warrant special relief in light of all the circumstances of the case.

• Marginal note:Effect

  (2) Where the Immigration Appeal Division stays the removal order

  • (a) it shall impose any condition that is prescribed and may impose any condition that it considers necessary;

  • (b) all conditions imposed by the Immigration Division are cancelled;

  • (c) it may vary or cancel any non-prescribed condition imposed under paragraph (a); and

  • (d) it may cancel the stay, on application or on its own initiative.

• Marginal note:Reconsideration

  (3) If the Immigration Appeal Division has stayed a removal order, it may at any time, on application or on its own initiative, reconsider the appeal under this Division.

• Marginal note:Termination and cancellation

  (4) If the Immigration Appeal Division has stayed a removal order against a permanent resident or a foreign national who was found inadmissible on grounds of serious criminality, criminality or transborder criminality, and they are convicted of another offence referred to in subsection 36(1), the stay is cancelled by operation of law and the appeal is terminated.