The border agent will allow you to withdraw your request for admission if you request it, unless an inadmissibility report is being prepared or has been prepared.
The agent has certain discretion on whether to prepare a report and may inform you of the options before they do so. They will consider whether the objectives of Canadian immigration law can be best served by a report or voluntary withdrawal, with the following considerations (from ENF 5 - Writing 44(1) Reports)
9.1 Considerations before writing an A44(1) report
Keeping in mind the scope of discretion related to considerations for writing an A44(1) report outlined in section 8 of these guidelines, the following non-exhaustive factors may be considered when exercising the limited discretion under A44(1) with respect to foreign nationals:
- Has the person been granted protected person status in Canada? What is the nature or category of the inadmissibility?
- Is the person already the subject of a removal order?
- Is the person already the subject of a separate inadmissibility report incorporating allegations that will likely
result in a removal order?
- Is the officer satisfied that the person is, or soon will be, leaving Canada on their own volition? And in such a case,
is the imposition of a future requirement to obtain an
authorization to return warranted?
- Is there a record of the
person having previously contravened immigration legislation?
- In the case of non-compliance, was it unintentional or excusable for a valid reason?
- Has the person now been fully counselled on the topic of their inadmissibility? And is the officer satisfied that the
person now understands what is required in future to overcome
their inadmissibility?
- Is there any reason to believe that, after having previously been counselled on the topic of their inadmissibility, the
person simply chose to ignore that counselling?
- Has the
person been cooperative?
- Is there any evidence of misrepresentation?
- Has the person applied for restoration of status, and does the person appear
to be eligible?
- Has a temporary resident permit been authorized?
- How long has the person been in Canada?
- In minor criminality cases, is a decision on rehabilitation imminent and likely to be favourable?
However, once a report is being prepared (not necessarily finished), the agent can no longer authorize a withdrawal, only the Minister or their delegate (certain supervisors) then has the discretion whether to use a formal removal proceeding or not with similar considerations based on the report the agent prepared.
The procedure applies to all foreign nationals (i.e. not citizens or permanent residents of Canada).
Withdrawing application
42 (1) Subject to subsection (2), an officer who examines a foreign
national who is seeking to enter Canada and who has indicated that
they want to withdraw their application to enter Canada shall allow
the foreign national to withdraw their application and leave Canada.
Exception — report
(2) 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.
Obligation to confirm departure
(3) A foreign national who is allowed to withdraw their application to
enter Canada must appear without delay before an officer at a port of
entry to confirm their departure from Canada.
Immigration and Refugee Protection Regulations
