The law says
IRPA s. 67(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.
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.
Justice Laws is the authoritative version. If this copy and it ever differ, Justice Laws wins.