If your Permanent Resident Travel Document (PRTD) has been refused outside Canada, it can feel devastating. Many people believe that once their PRTD is refused, their permanent resident status is automatically lost forever. This is not true.
Canadian immigration law provides a powerful second chance — the right of appeal.
At Fateh Law Corporation, we regularly represent permanent residents who were wrongly refused a PRTD or found not to meet the residency obligation. With the right legal strategy, evidence, and testimony, many of these decisions can be overturned.
Understanding the Residency Obligation: Section 28 of IRPA
To maintain your Canadian permanent residency, you must meet the residency obligation under Section 28 of the Immigration and Refugee Protection Act (IRPA).
This means you must be physically present in Canada for at least 730 days (2 years) within the most recent 5-year period.
If an officer believes you have not met this requirement, they may refuse your PRTD. However, this does not automatically end your status. The law recognizes that life circumstances can be complex — and that is where appeals come in.
Your Right of Appeal: Section 63(4)
If your PRTD is refused outside Canada, you may have a statutory right of appeal under Section 63(4) of IRPA.
This appeal is filed at the Immigration Appeal Division (IAD) of Canada.
This is not just a paper review. It is a full legal process where:
- New evidence can be submitted
- Witnesses can testify
- You can explain your situation in detail
- Humanitarian and compassionate grounds can be considered
- The decision-maker is independent from IRCC
Many people lose their PR simply because they do not know about this second chance — or miss the deadline.
Humanitarian and Compassionate Grounds Can Save Your PR
Even if you do not meet the 730-day rule, both the visa officer and the Immigration Appeal Division have the discretion to consider Humanitarian and Compassionate (H&C) grounds.
This can include:
- Family emergencies
- Illness or medical conditions
- Caring for a sick relative
- COVID-related travel restrictions
- Domestic abuse or unsafe conditions
- Child-related best interests
- Mental health issues
- Economic or political instability
- Any compelling personal hardship
The Immigration Appeal Division has broader powers than a visa officer. It can look at the human story, not just the numbers.
Why an IAD Appeal Is So Powerful
An appeal before the Immigration Appeal Division is not limited to what was submitted with your PRTD application. This is a major advantage.
At the IAD, you can submit:
- Affidavits
- Statutory declarations
- New documentary evidence
- Medical records
- Psychological reports
- Family support letters
- Country condition evidence
- Employment and settlement proof
- Live testimony (viva voce evidence)
- Witness statements
You can also testify via video conference, and your lawyer can appear either in person or remotely.
This is your opportunity to tell your full story properly.
Real Case Example: No Interview, 60-Day Deadline
In a recent case, our client’s PRTD was refused without being granted an interview. The decision letter, dated December 10, 2025, gave the client only 60 days to file an appeal.
This deadline is strict.
Missing it can mean losing permanent resident status permanently.
At Fateh Law Corporation, we immediately began preparing the appeal, organizing evidence, preparing affidavits, and getting the client ready for testimony.
PRTD refusals must be handled urgently and strategically.
Why This Matters More Than Ever
Right now, Canada is not conducting regular Federal Skilled Worker draws. Immigration pathways are unpredictable, competitive, and shrinking.
If you lose your permanent residency today, your chances of becoming a PR again in the future may be extremely low.
That is why a PRTD refusal should never be ignored or treated casually.
This is not just a document problem — it is a status survival problem.
Why Choose Fateh Law Corporation?
Appeals before the Immigration Appeal Division are not simple applications. They are legal proceedings.
They require:
- Legal submissions
- Case law
- Strategic evidence selection
- Witness preparation
- Cross-examination readiness
- Procedural fairness arguments
- H&C analysis
- Risk and hardship balancing
Mr. Fateh has over 11 years of litigation experience and regularly represents clients before Canadian courts and tribunals. Our firm focuses on complex refusals, appeals, and judicial review matters.
We do not just file forms. We build cases.
What We Do for Your IAD Appeal
When you hire Fateh Law Corporation, we:
- Analyze your refusal in detail
- Identify legal errors
- Develop a humanitarian and compassionate strategy
- Draft affidavits and statutory declarations
- Prepare your testimony
- Organize your evidence
- Prepare witnesses
- Draft legal submissions
- Represent you at hearings
- Argue your case before the IAD
We prepare you so that when you testify, you are confident, clear, and credible.
Do Not Waste This Second Chance
A PRTD refusal does not have to be the end of your Canadian dream.
It may be the beginning of your legal fight — and with the right representation, many of these fights are won.
If your PRTD has been refused, time is critical.
📞 Contact Fateh Law Corporation immediately
📍 Serving clients worldwide
⚖️ Focused on refusals, appeals, and litigation
Your permanent residency deserves a second fight.
