Authorization to return to Canada - A52(1) and R310 (IMM 1203B or IMM 1202B))

This section contains policy, procedures and guidance used by Immigration, Refugees and Citizenship Canada staff. It is posted on the Department’s website as a courtesy to stakeholders.

Processing and collection of fee: $400

No fee exemptions have been identified for this service

A52(1) provides that if a removal order has been enforced, a foreign national shall not return to Canada unless authorized by an officer or in other prescribed circumstances. A removal order is considered to have been enforced whether the client either leaves voluntarily or is removed by the Minister.

R226(1) provides that for the purposes of A52(1) and subject to R226(2), a deportation order obliges a foreign national to obtain the written authorization of an officer in order to return to Canada any time after the deportation order has been enforced.

If it has been determined that the client may be able to meet the basic requirements of requesting the authorization to return (i.e., grounds for original deportation/exclusion order have been overcome or no longer exist), processing of the request will commence upon completion and submission of a request in writing to an officer. This request is normally done by letter.

In cases that result in the issuance of a Denial of Authorization to Return to Canada pursuant to Subsection 52(1) of IRPA (Form IMM 1202B) after consideration of the application, no refund of the fee will be granted.

Indication that payment has been received will be made by appropriately coding the IMM 1202B or the IMM 1203B (Authorization to Return to Canada Pursuant to Section 52(1) of the Immigration and Refugee Protection Act). Fee payment coding and the receipt number should be noted at the bottom of the form.

Temporary inability or refusal to pay

Where a client cannot pay the fee due to a temporary lack of funds, or will not pay the fee, the request will be returned to the applicant with an explanation that it cannot be accepted until such time as they submit the processing fee. Where appropriate, a note should be placed in the applicant’s file.

In Canada

The officer should complete the Immigration Cost Recovery Control Form (IMM 5194B) in order to document the fee paid. A receipt will be issued and notation of the payment and receipt number should be entered.

Visa offices abroad

At visa offices abroad, in most cases, a file will have already been opened and, if a file review warrants, the officer will continue processing. If a file has not been opened, the client should be requested to complete an Application for a Temporary Resident Visa (IMM 5257B (PDF, 455.78KB)) to begin processing. A receipt will be issued and the officers will validate the existing forms (IMM 0008EGEN (PDF, 553.83KB), IMM 1294B (PDF, 462.79KB), IMM 1295B (PDF, 465.84KB), IMM 5257B (PDF, 455.78KB)). In such cases, the application form will be validated twice, once for the original application fee and once again for the Authorization to Return fee.

Note: In addition to the processing fee for this service, clients may be required to pay an administrative fee under R243, Payment of Removal Costs.

Note: If an enforced removal order is subsequently set aside in a judicial review, the foreign national is entitled to return to Canada at the expense of the Minister.

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