Yes, but since the PR card renewal was approved on March 23rd, before the PRTD was rejected, does that actually invalidate the approved card renewal?
However one designates or denotes what happens, whatever terms are used,
when a visa office denies a PR TD application for inadmissibility based on a failure to meet the RO, that decision TERMINATES the individual's PR status unless it is set aside pursuant to a successful appeal.
Longer Explanation:
I do not know how IRCC designates the actions it takes internally when, in one fashion or another, there is a decision to withhold delivery after issuance of a new card has been approved. There are various circumstances in which IRCC approves a PR card application, and issues a new PR card, but subsequently declines to deliver the new card to the PR. Is it fair to say this will "
actually invalidate the approved card renewal?" Shrug. However IRCC designates or denotes this in the PR's GCMS records, the result is the PR does not get the new PR card.
If the decision to not deliver the new PR card is based on the fact that there has been a PR TD application denied (for inadmissibility based on breach of RO), as long as there is a right of appeal pending the PR will be entitled to a one-year PR card pending the outcome of the appeal (note that the PR needs to be IN Canada to be eligible for the one-year card).
The overriding, most important thing to recognize is that the decision denying the PR TD TERMINATES the individual's PR status UNLESS there is an appeal and that decision is set aside. Even if IRCC has very recently approved issuing a new PR card. Even if IRCC has actually issued the PR card and, for example, sent it to the individual's address in Canada.
When a visa office decision denying a PR TD application
takes effect, that will invalidate any PR card that has been approved, issued, or delivered. It is not that denying the PR TD invalidates a previous decision to issue a PR card, it terminates the individual's PR status such that any PR card, no matter how recently approved, is rendered invalid.
An illustration of this that might help clarify: PR-Jack is issued and delivered a brand new PR card but PR-Jack forgets the card when taking a trip to Mexico, so PR-Jack applies for a PR TD in order to fly back to Canada. If that PR TD application is denied (for inadmissibility) that will terminate PR-Jack's status unless there is an appeal and it is successful. The brand new PR card left behind in PR-Jack's drawer is NO longer valid.
Similarly for a new card that IRCC has not yet delivered, such as where IRCC will only deliver the card in-person, the new PR card being held at a local office waiting for the PR to appear to pick it up. Probably not accurate to say that the denial of the PR TD invalidates the decision to issue the new card, but it means the new card is no longer valid when the decision denying the PR TD takes effect.
It is that latter aspect,
*when the decision takes effect*, that tends to cause some confusion. There is a period of time after the decision to deny the PR TD during which the PR continues to have PR status. So, if the PR can manage to travel to Canada via the U.S., during this period of time, they will be entitled to enter Canada. Whether they retain PR status and can stay will depend on whether they successfully appeal the decision terminating their PR status. In the meantime they are eligible for a "
status card," but instead of being issued and delivered a five-year PR card, IRCC will typically give them a one-year card.
In particular, a decision denying a PR TD (just like a Removal Order issued at a PoE) does NOT take immediate effect. When a PR TD is denied the decision terminating PR status does not take effect for at least sixty days. If an appeal is made within those sixty days the decision does not take effect while the appeal is pending. (And, obviously, if the appeal is successful, the decision denying the PR TD is set aside, so it will not take effect.)
So, in regards to
@bhargav51's situation, if they are able to travel to Canada via the U.S. either (1) within sixty days of the decision denying the PR TD, or (2) after making a timely appeal, they will be allowed to enter Canada. They will be eligible for a one-year PR card. But that card (or even if, say, the local office does deliver a five year card) is ONLY valid for as long as the appeal is pending unless the visa office decision is set aside on appeal.
Caveat: there are (as usual) potential wrinkles. In
@bhargav51's situation, for example, there has been some indication there was an affirmative H&C decision involved in deciding to approve issuing a new PR card. If that is what has in fact happened, that decision should have been given significant weight in the visa office's decision making (enough to change the outcome), and this would probably make for a much stronger appeal. But that does not change things procedurally in the meantime. The decision denying the PR TD, even if it was wrongly made without due consideration given a preceding H&C decision by IRCC, must be successfully appealed to avoid the loss of PR status.
(Note: I doubt there was such an affirmative H&C decision, that rather there was a tentative decision pending the PR's appearance for an in-person pick-up at a local office in Canada. But this is just what I apprehend, not something I know.)
