PRTD denied? Is it all over ?

[Sricand]

If a person is a Canadian Permanent Resident outside Canada applying for a PR Travel Document, and that application is denied/rejected on the grounds they are in breach of the PR Residency Obligation, AND there are not sufficient H&C considerations to allow them to retain PR status despite the breach, they continue to be a Canadian PR until the right of appeal is exhausted/terminated.

The right of appeal will be exhausted/terminated:

-- when the period for making an appeal (60 days from date PR TD denied) has elapsed and no appeal has been made, or​

-- when a timely made appeal is denied​

So, as long as they are a PR, as long as there is still a right of appeal, the person continues to have the same privileges as other PRs, including what we typically refer to as the right to enter Canada (a statutory right, not a Charter right).

So, yes, in this circumstance, if less than sixty days have passed since the date of the decision denying the PR TD, or if an appeal has been timely and properly commenced, just like any other PR they are entitled to enter Canada upon arrival at a Port-of-Entry into Canada. Their PR status, and thus their status to remain in Canada, will depend on the outcome of the appeal.

For emphasis: to keep PR status a timely and proper appeal must be made, and that appeal must be successful. Days in Canada pending the appeal, that is days after PR TD is denied, do NOT count toward meeting the PR RO even though the hearing before the IAD is de novo.

Some Clarifications:

An application for a PR Travel Document will be rejected if the visa office determines the person applying is not a PR (including persons who were previously a PR where there was, previously, a final determination they are no longer a PR). That's a different subject.

For PRs denied a PR TD, unless an appeal is made and allowed (setting aside the decision outside Canada), when the right of appeal is exhausted/terminated that conclusively terminates PR status, making the individual a Foreign National. Many FNs who were previously a PR will still be allowed entry into Canada, subject to the rules governing authorization to enter Canada applicable to FNs; if allowed entry that will be as temporary residents not PRs.

It warrants remembering that being issued a new PR card will NOT override a PR TD denial (based on inadmissibility for a RO breach). If a PR TD has been denied, the PR must successfully appeal in order to keep PR status.

Re response by @steaky . . . more snarky than steaky . . . deliberately uninformative.

Thank you so much for this detailed response. This greatly helps in quelling a lot of internal questions..

 

[Sricand]

I guess one possible way to find out is to actually go to the land border. You can update us the result.

For sure... I would surely update my post to educate the future aspirants on lesson learnt. This is such a helpful community which deserves to be given back! Have a nice day!

 

[canuck78]

Thanks. However, based on the earlier discussion, is my understanding correct that you will still be allowed via land border after PRTD is rejected IF 1) You have not passed the deadline for appealing the PRTD rejection decision OR 2) after you have appealed from outside Canada and decision is still pending on your PR revocation.

You can certainly enter if you appeal but would caution you that this is still an uphill battle. It appears that you have been out of Canada for 5 years. If internal transfer was possible should have been done years ago.