Immigration and Refugee Protection Act (S.C. 2001, c. 27)

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.