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