Section 111 — Immigration and Refugee Protection Act: Decision

After considering the appeal, the Refugee Appeal Division shall make one of the following decisions: confirm the determination of the Refugee Protection Division; set aside the determination and substitute a determination that, in its opinion, should have been made; or refer the matter to the Refugee Protection Division for re-determination, giving the directions to the Refugee Protection Division that it considers appropriate. [Repealed, 2012, c. 17, s. 37] The Refugee Appeal Division may make the referral described in paragraph (1)(c) only if it is of the opinion that the decision of the Refugee Protection Division is wrong in law, in fact or in mixed law and fact;

and it cannot make a decision under paragraph (1)(a) or (b) without hearing evidence that was presented to the Refugee Protection Division. If the Refugee Appeal Division confirms a decision of the Refugee Protection Division to reject a claim for refugee protection, the decision of the Refugee Appeal Division is itself a decision to reject the claim.