{"id":2116,"date":"2026-11-10T23:56:36","date_gmt":"2026-11-10T23:56:36","guid":{"rendered":"https:\/\/www.lawgicalcorp.com\/blog\/refused-entry-canada-airport-border\/"},"modified":"2026-11-11T14:46:10","modified_gmt":"2026-11-11T14:46:10","slug":"refused-entry-canada-airport-border","status":"publish","type":"post","link":"https:\/\/www.lawgicalcorp.com\/blog\/refused-entry-canada-airport-border\/","title":{"rendered":"Refused entry at a Canadian airport or border: withdrawal, section 44 reports and exclusion orders"},"content":{"rendered":"

By Sundeep S. Grewal<\/a>, lawyer at Lawgical Law Corporation \u00b7 Reviewed November 10, 2026<\/em><\/p>\n

Sundeep S. Grewal is a lawyer at Lawgical Law Corporation, called to the BC bar in 2018, and a member of the Law Society of British Columbia<\/a>.<\/em><\/p>\n

Updated November 10, 2026: section 42 of the Regulations and the Federal Court’s decisions in Latchman and Akl checked that day.<\/em><\/p>\n

\n

The fix:<\/strong> at the border, asking to withdraw your application to enter can avoid a removal order. After an exclusion order, judicial review if the officer had no power to make it on those grounds.<\/p>\n

The deadline:<\/strong> 15 days from an exclusion or deportation order made at the border (IRPA s.72<\/a>).<\/p>\n

Why a lawyer:<\/strong> an order made in minutes at a counter can keep you out for a year or more. Some of them are beyond the officer’s power. Why a lawyer<\/a><\/p>\n

Book a consultation<\/a><\/p>\n<\/div>\n

\n

The lawyers who handle these files<\/p>\n

\"SundeepSundeep S. Grewal<\/span>Barrister and Solicitor<\/span><\/a>\"PrabhpreetPrabhpreet Kaur Sangha<\/span>Barrister and Solicitor<\/span><\/a>\"PardeepPardeep S. Grewal<\/span>Barrister and Solicitor<\/span><\/a><\/div>\n
\nAbout our lawyers<\/summary>\n
\n

Sundeep S. Grewal<\/a><\/strong> founded Lawgical Law Corporation and argues immigration cases at the Immigration and Refugee Board and the Federal Court of Canada.<\/p>\n

Prabhpreet Kaur Sangha<\/a><\/strong> focuses on refugee claims, immigration appeals, inadmissibility, detention reviews and Federal Court cases, and has presented at Continuing Legal Education seminars and the National Immigration Conference.<\/p>\n

Pardeep S. Grewal<\/a><\/strong> is an immigration and estates lawyer known for clear communication and practical strategy.<\/p>\n<\/div>\n<\/details>\n<\/div>\n

If a border officer at a Canadian airport or land crossing decides you should not enter, there are usually two ways it ends. You may be allowed to withdraw your application to enter and leave, which leaves no removal order. Or the officer writes a report under section 44 and a removal order follows, either made on the spot by a senior officer or at a later hearing. An exclusion order made at the border because you worked or studied without authorization in the past may be one the officer had no power to make, and can be challenged in the Federal Court within 15 days.<\/p>\n

Lawgical Law Corporation<\/a>, an immigration law firm in Surrey, Abbotsford and Vancouver, BC, advises people stopped at the border and challenges border removal orders in the Federal Court; this guide is by Sundeep S. Grewal.<\/p>\n

What does “allowed to leave” mean?<\/h2>\n

Under section 42(1) of the Regulations<\/a>, an officer who examines a foreign national “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”. You must then confirm your departure with an officer (section 42(3)). No removal order is made, so you do not need permission to come back later.<\/p>\n

The catch is section 42(2): if a section 44 report is being prepared or has been prepared, you cannot withdraw unless the Minister decides not to make a removal order or not to refer the report. In my experience, officers have real discretion here and often offer withdrawal instead of writing a report.<\/p>\n

Why this needs a lawyer<\/h2>\n

One lawyer, one file, every step:<\/strong><\/p>\n