A pre-removal risk assessment is a chance to show that you would face persecution, torture or a risk to your life if removed from Canada. The deadlines are short and the evidence rules are strict.
A PRRA is decided by an officer of Immigration, Refugees and Citizenship Canada. It is usually offered by the Canada Border Services Agency when a removal order is ready to be enforced. If the PRRA is approved, most people become protected persons and can stay in Canada.
For people whose refugee claims were already refused, the PRRA is not a second hearing of the same claim. It focuses on new risk and new evidence. For people who were never able to have a refugee claim heard, the PRRA may be the first and only assessment of the risk they face.
Apply within the deadline on the PRRA notice. You generally have 15 days after receiving the notice to apply, with a further period to file written submissions. Applying on time usually stops the removal while the PRRA is decided.
Eligibility rules have changed recently and depend on your exact history. We confirm whether, and when, you can apply.
A PRRA is decided on the written record. Strong applications show specifically who you fear and why, supported by personal evidence and current country condition reports. For failed refugee claimants, the evidence must be new: it must have arisen after the refusal or have not been reasonably available before. We assess each document against that test.
A refused PRRA can be challenged by judicial review in the Federal Court, generally within 15 days. If a removal date is set, a motion to stay removal may also be needed. See detention, removal and stays.
CBSA gives you notice that you may apply, which starts the deadline.
We file the application form within the deadline.
We file written submissions, a sworn statement if appropriate, and supporting evidence.
An officer decides on the written record. An oral hearing is held only in limited circumstances.
No. It is decided by an IRCC officer rather than the IRB, usually without a hearing, and for failed claimants it focuses on new evidence. The legal tests for risk are similar.
If you apply within the time stated on the notice, removal is generally stayed until a decision is made. Late applications may not have that protection.
They are separate applications with different tests. In some situations both are appropriate. We advise on the best combination for your circumstances.
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The information on this page is general information, not legal advice, and may not reflect recent changes in the law. Contacting UMPC Law does not create a lawyer–client relationship.
UMPC Law is the trade name of Usman Mahmood Professional Corporation, a law practice in Northeast Calgary representing clients in immigration, motor vehicle accident, criminal and family matters.
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The information on this website is general information, not legal advice. Contacting UMPC Law does not create a lawyer–client relationship. Limitation periods and deadlines can be short; get advice promptly.
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