If the appeal is not allowed and no pause is granted, it is dismissed. Where the Minister is the one appealing about a permanent resident or protected person, the Division can still refuse to send them away, or pause the removal, on humanitarian grounds even after finding a legal error. If a permanent resident in Canada loses a residency obligation appeal, the Division makes the removal order itself.
(1)The Immigration Appeal Division shall dismiss an appeal if it does not allow the appeal or stay the removal order, if any.
(2)In the case of an appeal by the Minister respecting a permanent resident or a protected person, other than a person referred to in subsection 64(1), if the Immigration Appeal Division is satisfied that, 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, it may make and may stay the applicable removal order, or dismiss the appeal, despite being satisfied of a matter set out in paragraph 67(1)(a) or (b).
(3)If the Immigration Appeal Division dismisses an appeal made under subsection 63(4) and the permanent resident is in Canada, it shall make a removal order.