1. Your experience shows how the PR Card is through 'function creep' increasingly becoming the only acceptable proof of PR Status for many government organizations. Those PRs without a PR Card typically because they are in breach of the RO and can't risk a PR Card renewal are having a difficult time with bureaucratic related applications. While various applications forms for service/ documents state PR Card required for proof of PR Status they also state landing documents (COPR/IMM1000) as acceptable. Either get someone in authority/ a manager/ supervisor to review you application e.g. health card (also point out PR Card is a travel document) or appeal a refusal. Going to the courts is not always a realistic option as you could be say fighting the Provincial Government and resource can be an issue.
2. PRs under report in your case due to PRTD refusal can apply for a PR Card subject to proof they have not yet lost the PR status. PR Card issued will be valid for 1 year not the standard 5 years. Submit proof of your pending appeal e.g letter from IAD/IRB with the PR Card renewal application form.
3. The waiting for 2 years (730 days) advise applies to those PRs who make it back into Canada without being reported for breaching RO. Typically those PRs who are in breach of the RO gamble that entry prior to their PR Card expiry will not result in a report because the CBSA agent has a short time window to review your admission, will disregard your RO breach, can't be bothered etc. Once they make it through the border 'safely' they wait for 730 days to get back into RO compliance then apply for PR Card renewal. Most of these PRs take care of their health card, DL etc application prior to their PR Card expiring so don't have as many problems given that DLs are a primary ID for many situations. Go to the
Permanent Residency Obligations section of the forum - I'd say about 90 percent of the threads there are along the line of ' I'm in breach of the RO for a lifestyle reason...how do I get back into Canada without report'?
4. If your final appeal is successful then you can apply for a PR Card right away. Any days you have spent in Canada since your return to the appeal date would now count towards your RO. Since your RO is checked over a 5 year window don't make the mistake of thinking you can travel out of Canada right away as you could potentially have issues upon return despite having a standard 5 year validity PR Card. Timelines to the appeal process completing can be up to 4 years. You or CIC may win the first appeal before the IAD. Who ever loses at the IAD can appeal to the FC. This second appeal has to be accepted by the FC then listed for a hearing that could say take another 12 months. So you are better off applying for the PR Card as per my point 2 above since this will be issued faster than your appeal is likely to be decided. You have to keep applying for 1 year validity PR Cards until the final decision is made. You are best advised not to leave Canada with the 1 year validity PR card and/or at all until final appeal is decided..
5. Why was your PRTD refused? What was your reason for breaching the RO? When was the last day you were in Canada (Month/Year)? What day did you land (Month/Year)? Use the time you have in Canada to do something constructive ideally full time employment - it will be considered at any appeal as a positive. Even if not then it could be of help in the other CIC immigration categories which you should also review as a back up. You should consider too the effect of a refusal of the appeal - e.g will you have to return to a country that is under civil war such as Syria? In this case the courts may have sympathy and grant the appeal. Many PRs approach the appeal hearing ill prepared without appropriate and substantive documentary proof. Don't take this lightly. If you can afford it get some competent legal representation. Unless the visa post made such an obvious mistake on a factual issue e.g you clearly had 800 days of provable physical presence but visa post has 500 days because visa office used wrong date out by 1 year and your evidence shows you are correct then self representation is a bad idea.
6. A 10 hour wait at the border is on the excessive side or are you including time in the line-up to get to the CBSA agent? What was the actual timeline with CBSA? Were there doubts as to identity? What documents did you present to them?