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Last verified: March 2026 · Source: justice.gc.ca← Back to IRPA ExplorerLast verified: March 2026 · Source: justice.gc.ca
PART 1: Immigration to CanadaDIVISION 7: Right of Appeal
§68

Effect

Effect

🍁 In Simple Terms

Even when an appeal is dismissed, the IAD has the power to stay (pause) the removal order for a specific period based on H&C considerations. The person must comply with conditions during the stay. If they do, the IAD may eventually cancel the order.

Affects: Persons subject to removal or detention
Legal Text — IRPA Section 68

(1)To stay a removal order, the Immigration Appeal Division must be satisfied, taking into account the best interests of a child directly affected by the decision, that sufficient humanitarian and compassionate considerations warrant special relief in light of all the circumstances of the case.

Effect

(2)Where the Immigration Appeal Division stays the removal order(a) it shall impose any condition that is prescribed and may impose any condition that it considers necessary;

(b)all conditions imposed by the Immigration Division are cancelled;

(c)it may vary or cancel any non-prescribed condition imposed under paragraph (a); and

(d)it may cancel the stay, on application or on its own initiative.

In Practice
Official Source: Justice Canada — IRPA s. 68 (authoritative, may differ from this display)
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