Immigration to Canada | Refugees and Protected Persons | Pre-removal Risk Assessment
In the course of being removed from Canada, most persons are entitled to file a Pre-Removal Risk Assessment application, or “PRRA”. This application is initiated by Immigration Canada, and not by the applicant.
The application is designed to assess the degree to which the applicant faces an individualized risk in his or her home country. Specifically, the applicant may establish that he or she is facing a risk of “persecution”, which may include death, severe physical harm, and in extreme cases, severe discrimination or psychological harm. Alternatively, the applicant may establish that he or she is facing a risk to his or her life, a risk of cruel and unusual treatment or punishment, or a risk of torture.
In order to succeed, the applicant must also establish that the risks are faced everywhere in his or her home country, that the state is unable or unwilling to provide protection.
Generalized risks are not assessed in this application. For instance, the applicant may be facing removal to a country at war, or a country with a high crime rate, in which everyone faces the risk of violence. These generalized risks will not be considered in the PRRA application.
If the applicant has previously made a refugee claim which was rejected, then only “new” information or evidence may be presented. This is limited to information or evidence that arose after the rejection of the claim, was not reasonably available, or could not reasonably have been presented at the time of the rejection.
Procedurally, a person is normally presented with the option of filing a PRRA application when he or she is otherwise ready to be removed from Canada. At the time it is presented, the person will be given the opportunity to waive the application. It is important to note that, if the application is waived, the person can then immediately be removed from Canada.
If, on the other hand, the person accepts the application, then the applicant is given 15 days to complete the application form. Removal is suspended while this period elapses. If the application is filed within this time limit, then the person is given an additional 15 days in which to file submissions and “new” evidence. Once this period has expired, Immigration Canada can then review the application, along with submissions and evidence, and render a decision on the application.
In these circumstances, removal continues to be suspended until the application is determined. Currently, in the Toronto area, applications typically take 2 to 6 months to be determined, although processing times can sometimes take much longer.
While the application is being processed, the applicant is normally entitled to a work permit, so that he or she will not be required to receive social assistance.
If the PRRA application is approved, removal will be further suspended, and the applicant normally will be allowed to apply for permanent residence from within Canada.
If the application is rejected, Immigration Canada will provide the applicant with reasons for the decision, and the removal order will become enforceable. The applicant will normally be given an itinerary for a date of removal at the same time the decision to refuse is given to the applicant.
When a PRRA application is rejected, the applicant can appeal to the Federal Court for a review of the decision. Removal will still be scheduled, however, and if the applicant wishes to attempt to remain in Canada pending determination of the appeal of the decision, he or she must seek and obtain an order from the Federal Court suspending removal until the appeal is determined.
Separate considerations govern applicants who have committed serious criminal offences or war crimes, who have been found to be a danger to the Canadian public, or where other security concerns arise.
In order to assess generalized risks or other hardships that the applicant or others might face if removed from Canada, at the time the PRRA application is given, if not earlier, the applicant should consider filing an application for permanent residence on humanitarian and compassionate grounds, otherwise known as an “H&C application”. Separate rules and considerations govern this application.
Important rights arise when a PRRA application is presented in the course of removal. All persons in this situation should consult with a qualified immigration lawyer to determine the course of action that is best for them.
Further reading
Negative decision? Federal Court
List of countries Canada is currently not removing to.
PRRA refused? -- Federal Court
A traffic ticket away from deportation – Guidy Mamann, May 20th, 2008
Federal Court can stay execution of removal order – Part 3 – Guidy Mamann, May 8th, 2006
Risk assessment can protect those under removal orders – Part 2 – Guidy Mamann, May 1st, 2006
When foreigners are told to leave Canada – Part 1 – Guidy Mamann, April 24th, 2006
