Section 66 — Disposition of appeal
Text of provision
After considering the appeal of a decision, the Immigration Appeal Division shall
(a) allow the appeal in accordance with section 67;
(b) stay the removal order in accordance with section 68; or
(c) dismiss the appeal in accordance with section 69.
Plain English
Section 66 provides that after considering an appeal, the Immigration Appeal Division shall, in accordance with any order or direction by the Federal Court on judicial review, allow the appeal, stay the removal order, dismiss the appeal, or set aside the removal order and substitute a determination that in its opinion should have been made.
The four dispositions correspond to different outcomes: (a) allowing the appeal means the person wins; (b) a stay suspends removal pending compliance with conditions; (c) dismissal upholds the removal order; (d) substituting a determination is used where the IAD has original jurisdiction to make a fresh decision.
Practical effect
A stay of removal under s 66 is a common outcome in removal appeals where the person has strong H&C or equitable factors but the appeal cannot be fully allowed. The stay is conditional — typically requiring the person to maintain good conduct, report to CBSA, and not commit further offences. Breach of stay conditions can lead to automatic cancellation of the stay and reinstatement of the removal order. Stays are reviewed periodically.