Mandatory Refusal to Allow Application Withdrawal During Inadmissibility Reporting (SOR/2018-5)

Validated finding · five-country-2010-20260922-v118-evidence-presentation-fix

CountryCanada

Operative dateJanuary 24, 2018

CategoryBorder controls / enforcement

Policy toolAdministrative adjudication / border examination

Affected groupForeign nationals seeking entry at ports of entry

Policy effect

Amends IRPR subsection 42(2) to explicitly mandate that border services officers must not allow a foreign national seeking entry to withdraw their application or leave Canada if an inadmissibility report under IRPA subsection 44(1) is being or has been prepared, unless the Minister decides not to make a removal order or not to refer the report to the Immigration Division. Phase scope: Entire

Conditions and exceptions

Validated condition or limit: Amends IRPR subsection 42(2) to explicitly mandate that border services officers must not allow a foreign national seeking entry to withdraw their application or leave Canada if an inadmissibility report under IRPA subsection 44(1) is being or has been prepared, unless the Minister decides not to make a removal order or not to refer the report to the Immigration Division.

Official source excerpt

Quoted verbatim from the official source below. Ellipses indicate omitted text.

If a report is being prepared or has been prepared under subsection 44(1) of the Act in respect of a foreign national who indicates that they want to withdraw their application to enter Canada, the officer shall not allow the foreign national to withdraw their application or leave Canada unless the Minister decides either not to make a removal order or not to refer the report to the Immigration Division for an admissibility hearing.

Canada GazetteCanada Gazette, Part II, Volume 152, Number 3, Registration SOR/2018-5, January 24, 2018.Open official source

Retrieved from https://gazette.gc.ca/rp-pr/p2/2018/2018-02-07/html/sor-dors5-eng.html

Review method

Two separate automated exact-claim source reviews

Automated source validation is not independent human legal review. The finding should not be treated as legal advice. Record fcp5-795deffed02afe813d15. Something wrong? Flag this record.

Mandatory Refusal to Allow Application Withdrawal During Inadmissibility Reporting (SOR/2018-5)

Policy effect

Conditions and exceptions

Official source excerpt

Review method

Other Canada changes operative in 2018