Expedited or urgent processing:
Expedited or "urgent" processing is always discretionary.
The IRCC representative's statement that PRs in SR are not eligible for urgent processing is probably a practical observation more than a fixed rule. I say this because we have seen at least some reports from PRs whose application was in SR apply for urgent processing and soon get issued a new PR card (albeit they were apparently in the later stages of SR, perhaps about to be issued a PR card anyway). Rather than being a fixed rule, for the PR whose application is in SR, as a practical matter it is probably the case that IRCC will ordinarily decline to exercise its discretion to provide expedited processing precisely because IRCC has already decided that additional inquiry or investigation is warranted before issuing a new PR card. That sort of inquiry or investigation is not the sort of thing done in an expedited manner.
This makes sense. When the case is referred to SR that means IRCC has identified a reason to suspect the applicant is NOT entitled to a PR card. Why would a bureaucracy suddenly agree, just because the individual says he or she needs it, to urgently issue a PR card to someone who the bureaucracy has already decided needs to be investigated before they should be issued a PR card?
I understand that many of those who are subject to SR strongly believe there is not a good reason for the SR. That, in effect, SR is unfair. I cannot comment on the why and how of any particular individual's case, but it is fairly easy to recognize that generally, usually, perhaps the vast majority of the time, there is a factual reason why IRCC decided more inquiry or investigation was warranted. Argument to the contrary lacks credibility and comes (mostly even though not entirely) from a self-interested perspective. And in the meantime, if and when IRCC resolves its concerns, as indicated in reports from many who have gone through the SR process, IRCC will issue and deliver the new PR card.
No PR is trapped in Canada because of SR:
Not having a PR card will, however, impose at least some inconvenience when trying to travel to Canada from abroad. But again, not having a PR card in no way restrains a PR from traveling abroad. And, the PR who can prove status and compliance with the PR Residency Obligation is entitled to obtain a PR Travel Document for the return to Canada. This can be inconvenient, very inconvenient, but the difficulty of doing so is often greatly exaggerated. For those who want to make a relatively short trip abroad, the timeline is perhaps the bigger inconvenience.
While some media attention might be attracted, it is not likely to have much if any impact since, really, PRs are not trapped, their travel abroad not restricted, because the PR card is not sooner renewed.
Even if the practical impact of making it more difficult to return to Canada is considered to in some way restrict a PR's capacity to travel abroad, that does not compromise or restrict any Charter right. The Charter only protects a PR's mobility within Canada (only citizens have a protected Charter right relative to international travel, which is simply the right to leave and the right to enter Canada, since Canada cannot dictate or control whether another country will allow a Canadian to travel to that country).
What recourse is there if the SR is unfounded, unfair?
Perhaps Mandamus. But even in regards to eligibility for a writ of Mandamus, it comes back to the fact that a PR is not actually restricted or limited in the exercise of any benefit, entitlement, or privilege due to a delay in issuing a PR card because there is a referral to SR. One would have to successfully argue that the inconvenience is so severe as to amount to being deprived of the statutory entitlement to enter Canada. But even this argument is flawed, because the PR is entitled to enter Canada whether the PR has a PR card or not, so long as the PR can establish identity and PR status (which an expired card or CoPR will do, unless PR status has in fact been terminated). The problem is typically getting to Canada. Once at a PoE, the PR is entitled to entry even without a PR card.
I have, however, seen cases in which Mandamus was granted, and an order to actually deliver a PR card was made by the Federal Court. The circumstances of such cases, it warrants cautioning, are very specific and the outcome perhaps unique or at least rare.
The practical reality is that PR's in SR have little choice but to either go ahead and travel, and rely on obtaining a PR TD for the return to Canada trip, or to wait. The choice is the PR's.
A PR whose application is in SR but who is otherwise very confident of his or her proof of status and PR RO compliance, probably should go ahead and travel and apply for and obtain the PR TD while abroad. Even if it is denied, so long as the PR TD application was made within a year of the last date the PR was in Canada, at the least the PR will be entitled to a special PR TD allowing the PR to return to Canada pending an appeal of the denied PR TD. And again, if the PR is confident in his or her proof, this is one way to get it adjudicated.
Additionally, there have even been some reports of multiple-entry PR TDs being issued.
Expedited or "urgent" processing is always discretionary.
The IRCC representative's statement that PRs in SR are not eligible for urgent processing is probably a practical observation more than a fixed rule. I say this because we have seen at least some reports from PRs whose application was in SR apply for urgent processing and soon get issued a new PR card (albeit they were apparently in the later stages of SR, perhaps about to be issued a PR card anyway). Rather than being a fixed rule, for the PR whose application is in SR, as a practical matter it is probably the case that IRCC will ordinarily decline to exercise its discretion to provide expedited processing precisely because IRCC has already decided that additional inquiry or investigation is warranted before issuing a new PR card. That sort of inquiry or investigation is not the sort of thing done in an expedited manner.
This makes sense. When the case is referred to SR that means IRCC has identified a reason to suspect the applicant is NOT entitled to a PR card. Why would a bureaucracy suddenly agree, just because the individual says he or she needs it, to urgently issue a PR card to someone who the bureaucracy has already decided needs to be investigated before they should be issued a PR card?
I understand that many of those who are subject to SR strongly believe there is not a good reason for the SR. That, in effect, SR is unfair. I cannot comment on the why and how of any particular individual's case, but it is fairly easy to recognize that generally, usually, perhaps the vast majority of the time, there is a factual reason why IRCC decided more inquiry or investigation was warranted. Argument to the contrary lacks credibility and comes (mostly even though not entirely) from a self-interested perspective. And in the meantime, if and when IRCC resolves its concerns, as indicated in reports from many who have gone through the SR process, IRCC will issue and deliver the new PR card.
No PR is trapped in Canada because of SR:
No PR is trapped in Canada by how IRCC handles a PR card application. A PR card is not a Travel Document which facilitates a PR's travel abroad. Most countries, if not nearly all, do not recognize the PR card as a Travel Document. Typically a PR needs a passport or some other kind of Travel Document to travel abroad . . . and if the PR has a valid passport or other Travel Document, not having a PR card in no way restricts the PR's travel.tonymiz said:
Not having a PR card will, however, impose at least some inconvenience when trying to travel to Canada from abroad. But again, not having a PR card in no way restrains a PR from traveling abroad. And, the PR who can prove status and compliance with the PR Residency Obligation is entitled to obtain a PR Travel Document for the return to Canada. This can be inconvenient, very inconvenient, but the difficulty of doing so is often greatly exaggerated. For those who want to make a relatively short trip abroad, the timeline is perhaps the bigger inconvenience.
While some media attention might be attracted, it is not likely to have much if any impact since, really, PRs are not trapped, their travel abroad not restricted, because the PR card is not sooner renewed.
Even if the practical impact of making it more difficult to return to Canada is considered to in some way restrict a PR's capacity to travel abroad, that does not compromise or restrict any Charter right. The Charter only protects a PR's mobility within Canada (only citizens have a protected Charter right relative to international travel, which is simply the right to leave and the right to enter Canada, since Canada cannot dictate or control whether another country will allow a Canadian to travel to that country).
What recourse is there if the SR is unfounded, unfair?
Perhaps Mandamus. But even in regards to eligibility for a writ of Mandamus, it comes back to the fact that a PR is not actually restricted or limited in the exercise of any benefit, entitlement, or privilege due to a delay in issuing a PR card because there is a referral to SR. One would have to successfully argue that the inconvenience is so severe as to amount to being deprived of the statutory entitlement to enter Canada. But even this argument is flawed, because the PR is entitled to enter Canada whether the PR has a PR card or not, so long as the PR can establish identity and PR status (which an expired card or CoPR will do, unless PR status has in fact been terminated). The problem is typically getting to Canada. Once at a PoE, the PR is entitled to entry even without a PR card.
I have, however, seen cases in which Mandamus was granted, and an order to actually deliver a PR card was made by the Federal Court. The circumstances of such cases, it warrants cautioning, are very specific and the outcome perhaps unique or at least rare.
The practical reality is that PR's in SR have little choice but to either go ahead and travel, and rely on obtaining a PR TD for the return to Canada trip, or to wait. The choice is the PR's.
A PR whose application is in SR but who is otherwise very confident of his or her proof of status and PR RO compliance, probably should go ahead and travel and apply for and obtain the PR TD while abroad. Even if it is denied, so long as the PR TD application was made within a year of the last date the PR was in Canada, at the least the PR will be entitled to a special PR TD allowing the PR to return to Canada pending an appeal of the denied PR TD. And again, if the PR is confident in his or her proof, this is one way to get it adjudicated.
Additionally, there have even been some reports of multiple-entry PR TDs being issued.
.. Which is a ridiculous too!! It seems PR and citizenship are completely handled independently!!