If you are facing removal from Canada, you may be eligible for a Pre-Removal Risk Assessment (PRRA). A PRRA is the final risk assessment given to an individual before being removed from Canada. A PRRA is an opportunity to seek protection by describing the dangers or risks you believe you would face if you were to be removed from Canada.
Eligibility
Generally, you may not apply for a PRRA unless the Canada Border Services Agency (CBSA) has notified you that you may do so, and has provided you with a Notification Regarding a Pre-Removal Risk Assessment (PRRA Notification).
Individuals, other than those listed below, may apply for a PRRA if they are subject to a removal order that is in force and have been issued a PRRA Notification from the CBSA.
You may not apply for a PRRA if you:
- Made a refugee claim that was determined to be ineligible for referral to the Immigration Refugee Board of Canada (IRB) because you came to Canada from a safe third country;
- Were found to be a convention refugee in another country, to which you may return;
- Are a protected person (you already have refugee protection in Canada);
- Are subject to extradition
For those individuals who have made a refugee claim or previously submitted a PRRA application that was rejected, abandoned or withdrawn, you cannot apply for a PRRA unless at least 12 months have passed. If you come from a “designated country” you may not reapply for at least 36 months. This is known as the PRRA Bar.
Application
The application form, Application for a Pre-Removal Risk Assessment (IMM 5508), must be completed and submitted to the Citizenship and Immigration Canada PRRA Unit, CIC Backlog Reduction Office at the address listed in your Notification. All family members in Canada who are also applying for a PRRA must complete their own application form.
In addition to submitting the application form, you may also make written submissions and provide documentary evidence to support your case.
Written submissions allow you to describe your situation and tell your story. It is through these submissions that you can explain why and how you think you would be in danger or subject to a risk of persecution if you were to be removed from Canada to your country of nationality of former residence.
If you made a refugee claim or previously submitted a PRRA application that was rejected, abandoned or withdrawn you may only provide new evidence to support your case. That is, new evidence that arose after the rejection, or that was not normally accessible, or that you could not reasonably have been expected in the circumstances to have presented at the time of rejection.
Process
Once a PRRA Notification has been issued, you will have 15 days to apply, plus an additional 15 days to provide written submissions in support of your application.. Notification is normally done in person, by a CBSA removals officer, who will provide a PRRA application kit. In the event an individual is notified by mail, an additional 7 days are provided to submit the application. All deadlines and addresses to which everything must be sent is specified in the PRRA Notification package.
A PRRA application is normally only assessed based on the application, written submissions and supporting evidence (if any). However, you may be called for a hearing to answer questions about certain aspects of your application. Where a hearing is required, you will receive written notice indicating the time, date and location of the hearing as well as the matters that need to be discussed.
When a person is issued a PRRA Notification, the removal order against them becomes subject to a regulatory stay of removal; the removal order is suspended. The suspension remains in effect until:
- You notify IRCC that you do not intend to apply for a PRRA;
- You miss the application deadline, or
- You apply and your application is rejected (or you withdraw or abandon your application)
Outcome
If your application is approved, you will be able to stay in Canada. Most persons whose PRRA application is accepted become “protected persons” who may apply to become a permanent resident. You will be notified if you may apply to become a permanent resident.
If the officer’s assessment is that you would not be in danger or face a risk of persecution upon returning to your home country, your application will be rejected and you must leave Canada. Rejected applicants may apply to the Federal Court of Canada for a review of the PRRA officer’s decision
We can assist you with submitting a PRRA application. Send us an email at [email protected] or give us a call at 416-847-3347.
