PRRA

Overview

The Pre-Removal Risk Assessment (PRRA) is a process available to certain individuals in Canada who are facing removal. It offers an opportunity to demonstrate that they would be at risk of persecution, torture, or cruel and unusual treatment or punishment if returned to their country of origin or a country they would be removed to. The PRRA is a final opportunity for individuals to seek protection based on updated country conditions or personal circumstances that have arisen since any previous protection claim or refugee appeal.

How it works

When a removal order becomes enforceable, individuals may receive an invitation to apply for a PRRA. They are given a specific timeframe to submit an application, which includes detailed information and evidence supporting their claim of risk. An immigration officer assesses the application based on the information provided, current country conditions, and relevant legal principles. The assessment determines if there is a substantial risk to the applicant's life, freedom, or security if they are removed from Canada. The PRRA process is primarily a paper-based review, although in some cases, an oral hearing may be granted.

Who it's for

The PRRA is generally for individuals who are subject to a removal order and are not eligible to make a claim for refugee protection in Canada (e.g., due to previous claims or inadmissibility). This includes individuals who have had a refugee claim rejected, withdrawn, or determined to be abandoned, or those who are otherwise ineligible to make a refugee claim. It is also available to individuals whose previous refugee claims were heard by the Refugee Protection Division (RPD) but who are now facing new risks that were not considered in their prior decision or whose country conditions have significantly changed.

To be eligible for a Pre-Removal Risk Assessment (PRRA), certain criteria must be met:

• Subject to an Enforceable Removal Order: You must be the subject of a removal order that is enforceable and has not been stayed.
• In Canada: You must be physically present in Canada when you receive the invitation to apply for a PRRA.
• Not Ineligible to Apply: There are specific ineligibility criteria. Generally, you cannot apply for a PRRA if you:
  • Have already had a refugee claim or a previous PRRA application rejected within the last 12 months, unless you can demonstrate new evidence that was not reasonably available at the time of the previous decision and relates to a significant change in circumstances.
  • Are a designated foreign national.
  • Are inadmissible on grounds of serious criminality and have been sentenced to two or more years of imprisonment.
  • Have withdrawn or abandoned a refugee claim or a previous PRRA application within the last 12 months, unless there are exceptional circumstances.
  • Are inadmissible on grounds of security, violating human or international rights, or organized criminality.
• Receive an Invitation to Apply: You must have received an invitation letter from IRCC to apply for a PRRA. This invitation will specify the deadline for submission.
• Risk of Persecution, Torture, or Cruel and Unusual Treatment: The core of the eligibility is demonstrating that you would be at risk of persecution, torture, or cruel and unusual treatment or punishment if you were removed from Canada to your country of origin or the country to which you would be returned. This risk must be personalized and well-founded, not merely a general danger present in a country.

It is crucial to understand the specific timelines and ineligibility clauses, as these can be complex. Consulting with a legal representative, such as an RCIC, is highly recommended to assess your eligibility comprehensively.

The following documents are typically required for a Pre-Removal Risk Assessment (PRRA) application:

• Application Form: The completed and signed PRRA application form (IMM E A0008E).
• Personal Information Form: A detailed personal information form (IMM 0008 Generic) to provide essential background information.
• Basis of Claim Form: A detailed written statement explaining the reasons you fear removal, outlining the risks you face if returned to your country of origin. This should include specific events, dates, and individuals involved.
• Identity Documents: Copies of all identity documents, such as passports, birth certificates, national identity cards, and any other relevant travel or identification documents.
• Evidence of Risk: Comprehensive documentary evidence to support your claim of risk. This may include:
  • Police reports, court documents, or other official records that substantiate persecution or danger.
  • Medical reports or psychological assessments detailing harm suffered or potential harm.
  • Human rights reports, country condition reports, news articles, or academic analyses from credible sources that demonstrate the general risks in your country of origin and how they apply to your specific situation.
  • Affidavits or witness statements from individuals who can corroborate your claims.
  • Photos, videos, or other media that support your narrative.
• Proof of Relationship (if applicable): Marriage certificates, birth certificates, or other documents to prove family relationships if including family members in the application.
• Any Other Relevant Documents: Any other documents you believe are pertinent to your claim and can help the officer assess the risks you face.

The Pre-Removal Risk Assessment (PRRA) application process generally involves the following steps:

1. Receive Invitation to Apply: If you are subject to an enforceable removal order, you will receive an invitation letter from IRCC to apply for a PRRA. This letter will specify the deadline for submitting your application, which is typically 15 days from the date of the letter (or 22 days if mailed outside North America).
2. Gather Information and Documents: Upon receiving the invitation, you must immediately begin gathering all necessary personal information, identity documents, and comprehensive evidence to support your claim of risk. This includes preparing your detailed written statement outlining the reasons for your fear of removal.
3. Complete Application Forms: Fill out the PRRA application form (IMM E A0008E) and the personal information form (IMM 0008 Generic) accurately and completely.
4. Prepare Basis of Claim: Draft a comprehensive statement detailing the specific risks you would face if removed from Canada. This should be supported by strong evidence of country conditions and personalized risk factors.
5. Submit Application: Submit the complete application package, including all forms and supporting documents, to the IRCC office specified in your invitation letter before the deadline. It is crucial to meet this deadline, as late applications are generally not accepted unless there are exceptional circumstances.
6. Officer Review: An immigration officer will review your application and all submitted evidence. They will assess your claim against current country conditions and Canadian immigration law to determine if you face a personalized risk of persecution, torture, or cruel and unusual treatment or punishment.
7. Potential Interview (Rare): In some cases, the immigration officer may decide to invite you for an interview to gather more information or to clarify aspects of your claim. However, most PRRA decisions are made based on the written submissions.
8. Decision: You will receive a written decision from IRCC. If your PRRA is approved, the removal order against you will be stayed, and you may be eligible to apply for permanent residence in Canada. If your PRRA is refused, the removal order will become active, and you will be expected to leave Canada. Refusal may be challenged through judicial review at the Federal Court within strict deadlines.

It is highly advisable to seek legal assistance from an RCIC or immigration lawyer throughout this process due to its complexity and the serious implications of a refusal.

If your Pre-Removal Risk Assessment (PRRA) application is approved, your family members who are included in your application and are also subject to a removal order may also be granted protection. This typically includes your spouse or common-law partner and dependent children. The decision on your PRRA will extend to those family members who were part of your application. If your PRRA is refused, the refusal generally applies to all family members included in that application, meaning they would also become subject to removal. It is essential to declare all relevant family members in your application.

If your Pre-Removal Risk Assessment (PRRA) application is approved, the removal order against you will be stayed. While awaiting a decision on your PRRA, you may be eligible to apply for a work permit. If your PRRA is approved, you are generally eligible to apply for a closed work permit, which allows you to work for a specific employer in Canada. This provides an opportunity to support yourself while you explore further immigration avenues, such as applying for permanent residence if eligible. If your PRRA is refused, your eligibility for a work permit ceases, and you will be expected to depart from Canada.

An approved Pre-Removal Risk Assessment (PRRA) does not directly lead to permanent residence (PR) but opens a pathway. If your PRRA is approved, the removal order against you is stayed, meaning you will not be removed from Canada. With a positive PRRA decision, you may then become eligible to apply for permanent residence under humanitarian and compassionate (H&C) grounds. This H&C application is a separate process where you must demonstrate compelling reasons why you should be granted permanent resident status, taking into account factors like establishment in Canada, best interests of any children involved, and hardship if removed. The PRRA approval significantly strengthens an H&C application, but it is not a guarantee of PR; a separate assessment by an immigration officer is required. Without a successful PRRA, pursuing PR on H&C grounds while facing removal is significantly more challenging.

Pre-Removal Risk Assessment (PRRA) applications can be refused for several common reasons:

• Lack of Credible Evidence: Insufficient or unconvincing evidence to support the claim of risk. The submitted documents may not adequately demonstrate a personalized and substantial risk of persecution, torture, or cruel and unusual treatment.
• Failure to Establish Personalized Risk: General country conditions, while relevant, do not automatically qualify an applicant for protection. The applicant must clearly demonstrate how those conditions specifically affect them and put them at risk.
• Previous Claim Reviewed: The risks articulated in the PRRA application were already considered in a prior refugee or protection claim, and there is no new, compelling evidence of changed circumstances or new risks that were not reasonably available at the time of the previous decision.
• Ineligibility: The applicant does not meet the basic eligibility criteria for a PRRA, such as having applied too soon after a previous refusal or falling under other ineligibility clauses.
• Information Not Credible or Consistent: Inconsistencies or contradictions within the application, or between the application and other information known to IRCC, can lead to a finding that the applicant's testimony or claims are not credible.
• Application is Incomplete: Failure to submit all required forms and supporting documents by the deadline can lead to a refusal or rejection of the application without processing.
• Timeliness Issues: Failure to submit the application within the strict deadlines provided in the invitation letter, without valid justification for an extension.
• No Risk Upon Return: The officer assesses that, based on all available information, the applicant does not face a substantial risk of harm if returned to their country of origin.

Applicants should ensure their application is thorough, well-supported by evidence, and addresses all eligibility requirements.