1) My PRTD was rejected and i intend to hire an immigration lawyer to appeal. Can I enter through the land border?
Responses from other forum participants mostly cover this.
Some further clarifications:
Canadian Permanent Residents are statutorily entitled to enter Canada, so if a PR can reach a Canadian PoE (Port of Entry), the PR will be allowed to enter Canada.
A Canadian PR who has been denied a PR Travel Document on the grounds the PR is inadmissible, due to a breach of the PR Residency Obligation, continues to be a PR for at least 60 days, and if the PR timely files an appeal, the individual retains status for as long as the appeal is pending.
To be clear, the denial of the PR TD application constitutes a formal adjudication that your PR status is terminated. Since the PR has a right of appeal, this decision does not take effect for at least sixty days (the time within which the PR can make an appeal). If the PR appeals, the decision does not take effect while the appeal is pending. It will nonetheless constitute the formal determination that PR is lost, that is terminated, UNLESS the PR has that decision set aside or overruled in the course of the appeal.
Individuals who have been issued a PR visa and CoPR BUT did not actually land and become a PR (within the time required; that is, prior to the date the PR visa expired) are, of course, NOT PRs. They are simply a FN (Foreign National).
While I do not follow FN issues much, including prospects for obtaining a TRV, I do NOT share the view that children in this situation (not PRs) will definitely be denied a TRV (and I'd note that if somehow they have a valid TRV, the odds they would be denied entry at a land PoE is unlikely). The possible availability of some temporary status for the children is something you can discuss further with your lawyer once you lawyer-up.
Sure you can try entering through the land border with an expired card or a COPR but if you have failed the RO and that was the reason for the PRTD rejection the odds are high to be reported and have PR revoked.
For clarity, this is NOT the procedure for PRs who have been denied a PR TD.
See Operational Manuals ENF 01 Inadmissibility; ENF 02 Evaluating Inadmissibility; ENF 04 Port of Entry Examinations; and ENF 05 Writing 44(1) Reports (for links to these see
https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals.html except it appears that ENF 02 is no longer is linked at this IRCC site; archived versions should be available on the Internet).
Ordinarily (assuming the usual procedure is followed) PRs who have been denied a PR TD due to a breach of the PR Residency Obligation will be allowed entry at a Canadian PoE without being further reported or issued a Departure Order. They have already been issued a decision terminating their PR status (the Visa Office decision denying a PR TD). Of course this only applies if they are in fact still a PR . . . that is, if they arrive at the PoE within sixty days of the Visa Office decision, or they have made an appeal and the appeal is still pending. Otherwise the decision that the PR has lost PR status has taken effect and the individual is NOT a PR but rather a FN (and will be denied entry unless they are eligible to be allowed into Canada as a FN, such as they are a FN from a visa exempt country eligible to enter Canada with visitor status).
As noted before (and often in other topics), the Visa Office decision terminating the individual's PR status does not take effect for sixty days, or if an appeal is filed, as long as the appeal is pending.
In any event, the situation is comparable to a PR who has been issued a 44(1) Report and Departure Order who has appealed . . . that PR can still come and go, and will not be again Reported upon next arrival at a PoE, as long as the appeal is pending. That is, individuals are not issued multiple 44(1) Reports pending an appeal.
For further clarification note the additional procedural difference for PRs appealing a PoE Report and Departure Order VERSUS PRs appealing a Visa Office decision denying a PR TD. When a PR issued a 44(1) Report and Departure Order loses the appeal (that is when the appeal is dismissed), the originally issued Departure Order becomes enforceable. In contrast, when a PR loses an appeal (again, when the appeal is dismissed) of a Visa Office decision that the PR has lost their status (that is, the decision to deny the PR TD),
Section 69(3) IRPA prescribes that upon dismissal of the appeal, the IAD is to "make a removal order" (there is NO comparable provision for when the IAD dismisses a PR's appeal of the PoE Report since, again, the Departure or Removal Order has already been issued, and it becomes enforceable when the appeal is dismissed).
That said, upon arrival at a PoE there may be a Secondary Examination of the PR who has been denied a PR TD, pursuant to which specific information will be requested to assure IRCC has contact information for the individual, and the individual may also be cautioned about the process, especially if it is still within sixty days of the Visa Office decision and no appeal has yet been filed. Including a caution that if no appeal is filed the individual needs to TIMELY leave Canada; a caution that the individual will be a FN without status when the time for making an appeal has passed if no appeal has been made. Note, for example, for the individual who arrives at the PoE within 60 days and has not filed an appeal, it is possible for the individual to enter Canada and then NOT file an appeal . . . in which event, in the meantime, the Visa Office decision that PR status is lost takes effect, and if the individual remains in Canada after that, the individual is in Canada without status.
