Immigration and Refugee Protection Regulations

Marginal note:Re-examination of stay — procedure

• 173 (1) A person in respect of whom a stay of a removal order, with respect to a country or place, is being re-examined under subsection 114(2) of the Act shall be given

  • (a) a notice of re-examination;

  • (b) a written assessment on the basis of the factors set out in section 97 of the Act; and

  • (c) a written assessment on the basis of the factors set out in subparagraph 113(d)(i) or (ii) of the Act, as the case may be.

• Marginal note:Assessments and response

  (2) Before making a decision to cancel or maintain the stay of the removal order, the Minister shall consider the assessments and any written response of the person in respect of whom the stay is being re-examined that is received within 15 days after the assessments are given to that person.

• Marginal note:When assessments given

  (3) The assessments are given to an applicant when they are given by hand to the applicant or, if sent by mail, are deemed to be given to an applicant seven days after the day on which they are sent to the last address that the applicant provided to the Department.