Pre-Removal Risk Assessments (PRRA)
Pre-Removal Risk Assessment (PRRA) is a critical last-stage immigration process that allows certain eligible individuals facing removal from Canada to have the risks of return assessed by Immigration, Refugees and Citizenship Canada (IRCC) before a removal order is enforced. A PRRA can be the final safeguard against removal to a country where an individual may face serious harm.
Even individuals who are not eligible to make a refugee claim in Canada may still be entitled to a PRRA prior to removal, depending on their circumstances.
What Risks Are Considered in a PRRA?
A PRRA assesses whether an individual would face serious risk in the country of removal, including:
- Persecution based on race, religion, nationality, political opinion, or membership in a particular social group
- Risk to life
- Risk of torture
- Risk of cruel and unusual treatment or punishment
For individuals found inadmissible to Canada on grounds such as serious criminality, national security, or human rights violations, they are entitled to only a “Restricted PRRA”, the assessment of which is more limited. In those cases, the officer will only consider risks to life, torture, or cruel and unusual treatment or punishment.
How a PRRA Is Initiated
Unlike most immigration applications, a PRRA is not initiated by the applicant. Instead, it is triggered by the Canadian government, typically through the Canada Border Services Agency (CBSA), shortly before the execution of a removal order.
Individuals are usually notified of their eligibility for a PRRA during a pre-removal interview.
PRRA Deadlines and Application Process
Strict timelines apply to PRRA applications:
- 15 days from notification to submit the initial PRRA application forms
- An additional 15 days to submit supporting evidence and legal submissions
Failure to meet the initial 15-day deadline may result in the loss of the automatic stay of removal, meaning removal from Canada could proceed before the risk assessment is completed.
Extensions for the second deadline may be requested in appropriate circumstances.
“New Evidence” Requirement
A PRRA is not an appeal or a second chance to re-argue a refused refugee claim. Instead, it is designed to assess new risks or changes in circumstances that arose after a previous decision.
If you have previously made a refugee claim, your PRRA must be supported by:
- New evidence that was not reasonably available at the time of your original hearing; or
- Evidence of materially changed country conditions or personal circumstances
PRRA Hearings
Most PRRA applications are decided based on written submissions without an oral hearing. However, an officer may convene a hearing in limited circumstances where credibility or complex risk issues arise.
In certain cases—such as individuals ineligible to claim refugee protection due to prior asylum claims in a designated country—an enhanced PRRA may be available, which can include an interview or hearing.
PRRA Decisions and Next Steps
If a PRRA application is successful, the applicant will be recognized as a protected person, making them eligible to apply for permanent residence in Canada.
If a PRRA is refused, the decision may be challenged by filing an application for leave and judicial review in the Federal Court of Canada. Given the timing of PRRA decisions, it is often necessary to also seek a stay of removal to prevent deportation while the court process is underway.
Speak With an Experienced Immigration Lawyer
PRRA applications are highly technical, time-sensitive, and often represent the final opportunity to remain in Canada. The preparation of persuasive legal submissions and properly supported evidence can be decisive.
The lawyers at Mamann Sandaluk LLP are a leading Canadian immigration and refugee law firm with extensive experience in PRRA applications, emergency stay motions, and Federal Court litigation. If you or someone you know are facing removal from Canada, contact Mamann Sandaluk LLP immediately for strategic legal advice and urgent representation.
Frequently asked questions about
Pre-Removal Risk Assessments
You will not be served with a PRRA until the Minister considers your removal from Canada to be imminent. This means there are no impediments to enforcing your removal order, such as the absence of a travel document, an outstanding legal proceeding, or a statutory or regulatory stay of removal.
If you have the right to a PRRA, you are entitled to be fully informed of your options before deciding whether to proceed. Once you are served with a PRRA notice, you have 15 days to decide whether to apply. You should use this time to consult with an immigration lawyer who can advise you on the best course of action.
You should consult an experienced immigration lawyer to help identify appropriate new evidence for your PRRA application. Determining what qualifies as “new” and relevant evidence is critical to a successful risk assessment and should be done with professional guidance.
In many cases, individuals become eligible for a PRRA if their refugee process was concluded more than one year ago, including any Federal Court proceedings. Individuals who were found ineligible to make a refugee claim or who were excluded from refugee protection may also be eligible for a PRRA. Eligibility depends on the specific circumstances of your case and should be assessed carefully.
You will not be served with a PRRA until the Minister considers your removal from Canada to be imminent. This means there are no impediments to enforcing your removal order, such as the absence of a travel document, an outstanding legal proceeding, or a statutory or regulatory stay of removal.
If you have the right to a PRRA, you are entitled to be fully informed of your options before deciding whether to proceed. Once you are served with a PRRA notice, you have 15 days to decide whether to apply. You should use this time to consult with an immigration lawyer who can advise you on the best course of action.
You should consult an experienced immigration lawyer to help identify appropriate new evidence for your PRRA application. Determining what qualifies as “new” and relevant evidence is critical to a successful risk assessment and should be done with professional guidance.
In many cases, individuals become eligible for a PRRA if their refugee process was concluded more than one year ago, including any Federal Court proceedings. Individuals who were found ineligible to make a refugee claim or who were excluded from refugee protection may also be eligible for a PRRA. Eligibility depends on the specific circumstances of your case and should be assessed carefully.
