Part 7
Appeals, reviews, and other proceedings
Orders on determination of appeal
211Effect of successful appeal against liability for deportation
If the Tribunal allows an appeal under this Part against liability for deportation, the appellant's liability is cancelled and subsection (2), (3), or (4) applies, as the case may be.
If the appellant is in custody under this Act, an immigration officer must immediately notify, in writing, the manager or other person in charge of the prison or other premises in which the appellant is detained that the appellant's liability for deportation is cancelled, and the appellant must be immediately released.
If the appellant is subject to residence or reporting requirements under section 315, an immigration officer must immediately notify, in writing, the appellant (and, if applicable, his or her guarantor) that the appellant's liability for deportation is cancelled, and the appellant ceases to be subject to those requirements.
If the appellant has been released on conditions under section 320, an immigration officer must immediately notify, in writing, the appellant that his or her liability for deportation is cancelled, and the appellant ceases to be subject to those conditions.
Subsection (1) applies unless—
- the appeal concerned is a humanitarian appeal; and
- the appellant is a resident or a permanent resident; and
- the Tribunal instead suspends the appellant's liability for deportation under section 212.
Nothing in this section limits section 209.