Refused refugee claimants and ARC

[ohcan]

Hi, in order to obtain an ARC I know that we must submit the form, payment and police clearances from countries we lived in. My husband applied for refugee protection and he was refused, he apealed and also was refused. He never got the removal order so he ask CIC if it was ok to leave Canada before receiving it and what the consequences were, and they said there wasnt going to be problem to come back (he just would have to pay a pardon and ask for a temporary visa) as he holds a valid work permit and I hold a valid study permit (Im in Canada and I was not a refugee claimant) and we already applied for permanent residence under Quebec skilled worker. My husband went back to Mexico the day stablished and after a month he applied for a temporary visa to enter Canada and was denied because they said he was deported. Now he is asked to apply for an authorization to enter Canada thru the COnsulate where the PR is being procesed. I have some questions:

1. We sent a month ago to the Consulate our police clearance certif from Mexico. Does he need to get a new one and send it along with the ARC form?
2. Is it better to wait for the final decision for the PR before applying for ARC? or apply right now?
3. The certif of departure says that his departure order is converted to deportation because of A36,A49. But he was supposed to be going voluntarily not enforced by no-one because he never got the removal order. When he asked fo the remporary visa the reasons for denial were A52(1) and R226. Is there a way to change that? Isnt a mistake or just a procedure to every refugee claimant (even if they go without removal order they will be marked as deported and will have to get an ARC)?

 

[ImmEnforce]

The day he made a claim for protection he was issued a removal order. That order came into force when a negative decision was made by the IRB. He had 30 days to leave on a departure order (no ARC). It sounds like he stayed and the order became a deemed deportation order (ARC). A removal order is never voluntary (if you have to leave..then you have to leave)
The voluntary part...is if you purchased your own ticket or requested to return to your home country vs being removed to the USA. You would avoid the repayment of removal costs.
His work permit is no longer valid, even if it states it hasn't expired.

 

[ohcan]

The day he made a claim for protection he was issued a removal order. That order came into force when a negative decision was made by the IRB. He had 30 days to leave on a departure order (no ARC). It sounds like he stayed and the order became a deemed deportation order (ARC). A removal order is never voluntary (if you have to leave..then you have to leave)

Yes, you are right. He had 15 days after he was refused and he had to decide whether to apeal the decision to the Federal Court or leave. He decided to apeal. The decision after the appeal was negative and he was waiting for the removal order. His parents enter Canada under the same case but about 6 months after my husband. They did the same process but they got the removal order. My husband never received the removal order.

The voluntary part...is if you purchased your own ticket or requested to return to your home country vs being removed to the USA. You would avoid the repayment of removal costs.
His work permit is no longer valid, even if it states it hasn't expired.

He went to CIC office and ask if he could leave without problem. So HE set a date for his departure and HE payed his ticket. The thing is that in the airport they made him sign: Deportation order (departure order becomes deportation order because A36, A49).
Now he needs an ARC.
My question is: Buffalo already has his PCC from Mexico, does he need another one to apply for the ARC?

 

[ImmEnforce]

He would have received a copy of the removal order on the day he made the claim. It is not reissued. If it's not in the package when he made the claim, then someone made a mistake. CIC or CBSA claim? There is always a delay from the time the IRB issues a decision to the time CBSA is notified and decides to act on a call-in letter for PRRA. This was probably further complicated by an appeal. He signed a confirmation of departure, not an deportation order.

I can't answer that specific question about what the consulate wants. If the application is going to be approved then they will advise you about the ARC requirements. (thats from my limited exposure to overseas protocol). Someone else maybe able to answer more specifically.