Immigration and Refugee Protection Regulations

Marginal note:Stay of removal — pre-removal risk assessment

232 A removal order is stayed when a person is notified by the Department under subsection 160(3) that they may make an application under subsection 112(1) of the Act, and the stay is effective until the earliest of the following events occurs:

• (a) the Department receives confirmation in writing from the person that they do not intend to make an application;

• (b) the person does not make an application within the period provided under section 162;

• (c) the application for protection is rejected;

• (d) if a decision to allow the application for protection is made under paragraph 114(1)(a) of the Act and the person has not made an application within the period provided under subsection 175(1) to remain in Canada as a permanent resident, the expiry of that period;

• (e) if a decision to allow the application for protection is made under paragraph 114(1)(a) of the Act, the decision with respect to the person’s application to remain in Canada as a permanent resident is made; and

• (f) in the case of a person to whom subsection 112(3) of the Act applies, the stay is cancelled under subsection 114(2) of the Act.