Most people who are about to be deported from Canada are entitled to apply for a Pre-Removal Risk Assessment [PRRA]
More Information About the Process
A PRRA is an application to remain in Canada on the basis that a person would be at risk of physical harm if they get deported to their country of nationality. There are some restrictions on eligibility, for example people who have been found to be a danger to the Canadian public are not eligible for a PRRA. Also, unsuccessful refugee claimants are not eligible a PRRA unless more than a year has lapsed from the rejection of their claim.
However, a PRRA represents an important opportunity to remain in Canada and assert a claim that they cannot return to their own country because the execution of their removal order would put them at risk of physical harm.
Frequently asked questions about Pre-Removal Risk Assessment (PRRA)
1. How can I apply for a PRRA?
In order to file an application for a PRRA, a person must first be served with a PRRA by a member of the Canada Border Services Agency. Because a PRRA is meant to be completed as a final procedure prior to the execution of a deportation order, it is the Canada Border Services Agency [CBSA] must provide an individual with the opportunity to make a risk assessment. A PRRA cannot be initiated by the applicant themselves.
2. What evidence can I present in order to make my claim that I will be in danger in my own country?
Unlike a refugee claim, an applicant for a PRRA faces a number of evidentiary restrictions when they apply for protection.
An application for a PRRA must be based on evidence that was not previously available at the time that a person’s refugee claim protection was heard. A PRRA is not meant to be an appeal of a refugee decision, nor is it an opportunity for a second decision maker to review and re-examine evidence that was already before the Refugee Protection Division or the Refugee Appeal Division.
Rather, a PRRA is designed to assess evidence that was not available and could not have been made available to the Refugee Protection Division and the Refugee Appeal Division.
3. What will happen if my PRRA is accepted?
If your application for a PRRA is successful, you will be entitled to become a permanent resident of Canada as a protected person. This status is the same as an individual who has won their refugee claim.
4. Are there any options that remain to me after my PRRA has been rejected?
If your PRRA has been rejected, you may still have an opportunity to seek judicial review of the refusal of your application at the Federal Court of Canada. Given that a PRRA refusal usually is succeeded by the execution of the removal order, may be necessary to file an application to stay the execution of the removal of your removal order in the Federal Court.
Why should I seek the assistance of Mamann, Sandaluk & Kingwell to help me with my PRRA?
Lawyers at Mamann, Sandaluk & Kingwell’s Litigation Group have a wealth of experience representing people who have a fear of returning to their country of nationality. A PRRA represents a person’s last opportunity to remain safe from the country where they fear persecution, for individuals in such a situation, it is imperative that every effort be made in order to ensure that they have every opportunity to remain safely in Canada.
Because it is not possible to lead new evidence in Federal Court, it is important to ensure that the application for a PRRA be based on a complete record. If you or someone you know is facing the execution of your removal, please contact Mamann, Sandaluk & Kingwell without delay.
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