Pre-Removal Risk Assessment (PRRA): Seeking Protection in Canada

What is PRRA?

If you have been informed that you must leave Canada, you have the option to apply for a Pre-Removal Risk Assessment (PRRA). This essential process provides individuals facing removal with an opportunity to request protection if returning to their home country poses a genuine risk of persecution, torture, or cruel and unusual treatment.

Eligibility for PRRA Application:

To apply for a PRRA, you must first receive a letter from the Canada Border Services Agency (CBSA) granting you permission to do so. This letter serves as an official notification of your eligibility to apply for PRRA, and it is crucial to adhere to the specified deadline for your application. Failing to apply within the given timeframe may result in losing this chance for protection.

Potential Reasons for Refusal:

As with any application processed by Immigration, Refugees, and Citizenship Canada (IRCC), PRRA applications are not immune to refusal. There are several reasons why your PRRA application might be refused. Missing the application deadline is one primary factor that can lead to rejection. Therefore, it is imperative to act promptly upon receiving the letter from CBSA.

Moreover, abandoning your PRRA application or choosing to withdraw it can also lead to refusal. It is crucial to maintain your commitment to the process and provide all the necessary information and evidence as required.

Starting Your PRRA Application:

Navigating the PRRA application process can be complex, and having the assistance of a qualified legal representative can significantly enhance your chances of success. Once you have obtained the relevant form from CBSA, you must diligently complete it, ensuring that every section is accurately filled out.

One of the most crucial aspects of your PRRA application is the sworn declaration. In this statement, you must provide a comprehensive account of the reasons why you believe returning to your home country would put you at significant risk. Be detailed and precise, including any specific incidents or circumstances that illustrate the potential danger you might face.

Additionally, gathering relevant evidence to support your claim is essential. This may include documentation, testimonies, or reports that can corroborate your assertions about the risks you would encounter in your home country.

The IRCC website has provided instructions to complete your PRRA.

Refugee Case Rejection and PRRA:

If you previously had a refugee claim rejected, it is essential to approach your PRRA application with care and strategy. You can only present new evidence in your PRRA application, and you must provide a reasonable explanation for not providing this evidence during your initial refugee claim. The IRCC expects applicants to justify the absence of this evidence, such as it being unavailable or not reasonably accessible at the time of your previous claim.

Waiting Period:

In certain situations, you may have to wait for 12 months before becoming eligible to apply for PRRA. This waiting period applies to individuals who have abandoned their refugee claim, had their refugee claim rejected, abandoned a previous PRRA, had their previous PRRA rejected, or received a refusal from the federal court to review their refugee or PRRA refusal.

Outcomes of Your Application:

• Acceptance:

When your PRRA is accepted, you are typically granted protected person status. This means you have been recognized as someone who would face significant risk if returned to your home country. As a protected person, you may apply for permanent residency, taking a significant step toward establishing yourself as a Canadian resident. In most cases, the IRCC acknowledges your need for safety and protection and seeks to provide a stable environment for you to rebuild your life.

However, in certain instances, even if your PRRA is accepted, there might be additional considerations. For instance, if you are found inadmissible due to serious criminal offenses, you may still be considered at risk in your home country. In such cases, Canada may allow you to stay until your home country becomes safe for your return.

• Rejection:

If your PRRA is rejected, it is essential to be prepared for the potential outcome. While this decision can be disheartening, it is essential to consider your options carefully. If you believe that an error was made during the review of your application or if you have significant new evidence to present, you have the opportunity to request a review from the Federal Court of Canada.

Seeking a review from the Federal Court is a critical step, and it’s essential to approach the process with diligence and the assistance of legal representation. During this time, you may also request a temporary stay of removal from the Court to allow you to remain in Canada while the review is ongoing.

It is essential to note that the PRRA process is designed to provide a fair assessment of an individual’s risk upon returning to their home country. The IRCC’s ultimate goal is to ensure the safety and protection of all individuals living in Canada while maintaining the integrity of the country’s immigration and refugee system. Whether your PRRA application is accepted or rejected, the decision is based on careful consideration and assessment of the information provided. Therefore, it is essential to approach the process with accuracy, honesty, and the guidance of experienced legal professionals to maximize your chances of a favorable outcome.

Need more information? Contact us

If you want to start your PRRA, or simply need more information, book your consultation with us, as soon as possible.