sekina1 said:
Hi all,
I have been deported after my case was denied. With my family were unescorted no dataine and so on. But i discovered somthing what i not really understand.
The type of our removal order is, "Departure order becomes a deportation order".
This is what i have found on CIC site: "If your departure order became a deportation order because you did not leave Canada within 30 days of the day the departure order was issued, you must explain the reasons you did not leave Canada in the allotted amount of time."
And this one from the CBSA site: A departure order automatically becomes a deportation order when someone who has been issued a departure order does not leave Canada as required or leaves Canada without confirming his or her departure with the CBSA.
Departure and exclusion orders are usually issued for less serious violations.
If a person files a claim for refugee protection, a conditional departure order is issued against them and will not come into force until a negative refugee determination decision is made. Once a departure order comes into force, the person subject to removal has a 30-day period in which they can voluntarily comply with their departure requirements. Failure to comply within 30 days of their negative determination decision will result in the departure order to be deemed a deportation order.
My question is how come that the officer marked that section? Because we showed up on time at the officer as well as on date we were deported.
Does anybody have any idea why we were treat like this and what can we do against this incorrect job they did? Because if we were get the "departure order" than we can go back to Canada and visit our family member and dont need to struggle with the stupid ARC if can get it or not, cause i heard they dont give it "cheap". Thanks for any kinde of advise.
I'm also a failed refugee and will require an ARC in order to return to Canada once our case is processed. What I was able to learn on this site is that the majority of failed refugees (or from what I can tell, ALL failed refugees on here at least) needed an ARC to return. We all got that same form pretty much, departure becomes deportation etc... (now please note that I'm basing my conclusion and answer on info presented on this forum, what I was told by my lawyer, and my own personal experience so far.)
In other words, if you're a regular visitor who overstayed, you'd probably get a regular departure order or whatever other 'lighter' removal orders exist (not 'departure becomes deportation') and won't need an ARC to return. If you're a failed refugee, you need an ARC. No way around it. If there is, I'd love to hear that story lol.
(Also, there are some people on here who claim that they didn't need an ARC to return after failing their refugee case - but please mind the date of their cases! Things have changed a lot within CIC in the last couple of years.)
Hope this clears that up. Again, if anyone has any different experience, please explain the nature of your refugee case and dates as well if possible. I'd sure be interested in learning what changes have been implemented within CIC, if any, in regards to ARCs.
Good luck <3
Angie
I just checked already the CIC page and its says that all who belong under that section of deportation type need the ARC thats it unfortunately. Couple of days before our deportation a very "kind" officer told us the same thing but no details, just something like: we can apply for the ARC and maybe we can get it because we are not criminal payed tax etc. but its not realy the truth according to the many of experiences i read that almost no chance to have it unless if have a spousal sponsor there.
