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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
§69

Minister’s Appeal

Minister’s Appeal

🍁 In Simple Terms

The IAD dismisses an appeal when it finds the removal order was validly made and there are insufficient grounds for relief. After dismissal, the removal order becomes enforceable once all judicial review options are exhausted.

Affects: Persons subject to removal or detention
Legal Text — IRPA Section 69

(1)The Immigration Appeal Division shall dismiss an appeal if it does not allow the appeal or stay the removal order, if any.

Minister’s Appeal

(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).

Removal order

(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.

Cross-References
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