Immigration Law

Pre-Removal Risk Assessment (PRRA)

If your refugee claim is not successful (or you were caught for working illegally, or you have overstayed your visa) and you are told to leave Canada, you will be given a notice that the removal order is being enforced. At that time, if you are eligible, you will be given the opportunity to apply for a pre-removal risk assessment (PRRA).

You are not eligible for a PRRA if you are:

 

  1. already recognized as a protected person;
  2. recognized as a Convention refugee by a country to which you can return;
  3. a repeat refugee claimant or PRRA applicant, where less than six months have passed since you left Canada after your removal  order came into force;
  4. ineligible for a hearing at the Immigration and Refugee Board because you came to Canada from a safe third country; or
  5. subject to extradition

If you are not ineligible, you will receive PRRA forms and your removal order will be suspended for 15 days. This suspension will remain in effect until:

 

  1. the 15-day application deadline passes;
  2. you apply for a PRRA and your application is rejected; or
  3. you notify Citizenship and Immigration Canada (CIC) that you do not intend to apply for a PRRA, or you abandon or withdraw your application.

In support of your application, you will be able to submit written evidence to help explain the risk that you would face if removed from Canada. You and your lawyer may be asked to attend an interview. In reviewing your case, the officer will limit their consideration to new evidence, or that which you were not able to present at your refugee hearing. The officer will consider: 

 

  1. risk of torture;
  2. risk of persecution as defined in the 1951 Geneva Convention; and
  3. risk to your life or the risk that you may be subjected to cruel and unusual treatment or punishment.

If your application is rejected, you may apply to the Federal Court of Canada for a review of the PRRA officer’s decision.