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Immigration and Refugee Protection Act

Version of section 111 from 2010-06-29 to 2012-06-27:

The following provision is not in force.

Marginal note:Decision

  •  (1) After considering the appeal, the Refugee Appeal Division shall make one of the following decisions:

    • (a) confirm the determination of the Refugee Protection Division;

    • (b) set aside the determination and substitute a determination that, in its opinion, should have been made; or

    • (c) refer the matter to the Refugee Protection Division for re-determination, giving the directions to the Refugee Protection Division that it considers appropriate.

  • Marginal note:Manifestly unfounded

    (1.1) For greater certainty, if the Refugee Appeal Division does not set it aside, the Refugee Protection Division’s determination under section 107.1 is confirmed.

  • Marginal note:Referrals

    (2) The Refugee Appeal Division may make the referral described in paragraph (1)(c) only if it is of the opinion that

    • (a) the decision of the Refugee Protection Division is wrong in law, in fact or in mixed law and fact; and

    • (b) it cannot make a decision under paragraph 111(1)(a) or (b) without hearing evidence that was presented to the Refugee Protection Division.

  • 2001, c. 27, s. 111
  • 2010, c. 8, s. 14

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