Immigration and Refugee Protection Regulations

Marginal note:Stay of removal — judicial review

• 231 (1) Subject to subsections (2) to (4), a removal order is stayed if the subject of the order has filed an application for leave for judicial review in accordance with subsection 72(1) of the Act with respect to a determination of the Refugee Protection Division to reject a claim for refugee protection, and the stay is effective until the earliest of the following:

  • (a) the application for leave is refused,

  • (b) the application for leave is granted, the application for judicial review is refused and no question is certified for the Federal Court of Appeal,

  • (c) if a question is certified by the Federal Court,

    • (i) the appeal is not filed within the time limit, or

    • (ii) the Federal Court of Appeal decides to dismiss the appeal, and the time limit in which an application to the Supreme Court of Canada for leave to appeal from that decision expires without an application being made,

  • (d) if an application for leave to appeal is made to the Supreme Court of Canada from a decision of the Federal Court of Appeal referred to in paragraph (c), the application is refused, and

  • (e) if the application referred to in paragraph (d) is granted, the appeal is not filed within the time limit or the Supreme Court of Canada dismisses the appeal.

• Marginal note:No credible basis exception

  (2) Subsection (1) does not apply if the Refugee Protection Division states in its decision, in accordance with subsection 107(2) of the Act, that there is no credible basis for the claim.

• Marginal note:Other exceptions

  (3) There is no stay of removal if

  • (a) the person is subject to a removal order because they are inadmissible on grounds of serious criminality; or

  • (b) the subject of the removal order resides or sojourns in the United States or St. Pierre and Miquelon and is the subject of a report prepared under subsection 44(1) of the Act on their entry into Canada.

• Marginal note:Non-application

  (4) Subsection (1) does not apply if the person applies for an extension of time to file an application referred to in that subsection.