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

Act current to 2024-05-28 and last amended on 2023-12-15. Previous Versions

Marginal note:Appeal allowed

  •  (1) To allow an appeal, the Immigration Appeal Division must be satisfied that, at the time that the appeal is disposed of,

    • (a) the decision appealed is wrong in law or fact or mixed law and fact;

    • (b) a principle of natural justice has not been observed; or

    • (c) other than in the case of an appeal by the Minister, taking into account the best interests of a child directly affected by the decision, sufficient humanitarian and compassionate considerations warrant special relief in light of all the circumstances of the case.

  • Marginal note:Effect

    (2) If the Immigration Appeal Division allows the appeal, it shall set aside the original decision and substitute a determination that, in its opinion, should have been made, including the making of a removal order, or refer the matter to the appropriate decision-maker for reconsideration.

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