Skip to main content
Last verified: June 2026 · Source: justice.gc.ca← Back to IRPA ExplorerLast verified: June 2026 · Source: justice.gc.ca
PART 2: Refugee ProtectionDIVISION 3: Pre-removal Risk Assessment
§114

Effect of decision

Effect of decision

Refugee Protection
🍁 In Simple Terms

A successful application means protection for most people, the same status a Board decision would give. For those excluded because of serious criminality or security, it means only that the removal is paused for the particular country where they face the risk. The Minister can cancel that pause if circumstances change, and can cancel the whole decision if it was obtained by misrepresentation.

Affects: Refugee claimants and protected persons
Legal Text: IRPA Section 114

(1)A decision to allow the application for protection has (a)in the case of an applicant not described in subsection 112(3), the effect of conferring refugee protection; and (b)in the case of an applicant described in subsection 112(3), the effect of staying the removal order with respect to a country or place in respect of which the applicant was determined to be in need of protection.

Cancellation of stay

(2)If the Minister is of the opinion that the circumstances surrounding a stay of the enforcement of a removal order have changed, the Minister may re-examine, in accordance with paragraph 113(d) and the regulations, the grounds on which the application was allowed and may cancel the stay.

Vacation of determination

(3)If the Minister is of the opinion that a decision to allow an application for protection was obtained as a result of directly or indirectly misrepresenting or withholding material facts on a relevant matter, the Minister may vacate the decision.

Cross-References
In Practice
Official Source: Justice Canada: IRPA s. 114 (authoritative, may differ from this display)
Get an Assessment
Speak with an immigration professional about your situation.
Get an Assessment