The RAD can confirm, set aside, or substitute the RPD's decision. If it sets aside the decision, it can send it back for a new hearing or make its own determination.
(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.
111.1 (1) The regulations may provide for any matter relating to the application of this Division, and may include provisions respecting(a) time limits for the provision of documents and information under subsection 99(3.1) or 100(4);(b) time limits for the hearing referred to in subsection 100(4.1);(c) exceptions to the application of paragraph 110(2)(d);(d) time limits for the filing and perfecting of an appeal under subsection 110(2.1); and(e) time limits for the making of a decision by the Refugee Appeal Division, the extension of those time limits and the circumstances in which they do not apply.