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Pre-Removal Risk Assessment 

Canada is committed to the principle of non-refoulment and such, provides the option for some individuals to apply for a Pre-Risk Removal Assessment (PRRA), to ensure they are not returning to a country where they would be subjected to danger of torture, risk of persecution, or risk to life or of cruel and unusual treatment or punishment. It may not be available to individuals who are deemed a danger to the public and are inadmissible on grounds of serious criminality, and persons who are found to be inadmissible on grounds of security, violating human or international rights, or organized criminality.

 

A Canada Border Services Agency (CBSA) agent will inform a person whether they are eligible to apply for a PRRA once they become removal ready. If notified, the removal order against the person becomes subject to a regulatory stay of removal if it is the first PRRA. Some people are barred from applying before a 12-month or 36-month waiting period. Other individuals who may be ineligible include those who are subjected to the Extradition Act or made a claim for refugee protection that was deemed ineligible because of a safe third country agreement between Canada and the United States.  

 

Evidence provided by previous refugee claimants is limited to that which arose after the rejection of their claim by the IRB or evidence that was not reasonably available, or that which the applicant could not have been reasonably expected in the circumstances to have presented to the IRB at the time of the rejection of the claim. If the application is approved, most people will be given protected person status and may apply for permanence residence. Others may only be afforded the opportunity to remain in Canada until there is a change in circumstances or it is deemed safe to return to their country, if they are not eligible for protected person status. 

UPDATE: Individuals from Hong Kong and Belarus may now be eligible to apply for a PRRA if they received a final negative decision from the IRB, Federal Court, or a final PRRA decision from Immigration, Refugees and Citizenship Canada (IRCC). For people from Hong Kong, the negative decision must have been received between November 13, 2019 and November 12, 2020 inclusive, while persons from Belarus must have received same on or between February 20, 2020 and February 19, 2021.

We are here to help!  Contact us for more information about applying for a Pre-Removal Risk Assessment (PRRA).

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