Many persons facing removal from Canada are given the opportunity to apply for a Pre-Removal Risk Assessment (PRRA). Generally speaking, anyone may not apply for a PRRA unless the Canada Border Services Agency (CBSA) has notified that he/she may do so, and given a Notification Regarding a Pre-Removal Risk Assessment. If anyone eligible and wish to apply, he/she must submit his/her application form and written submissions (if any) to the Citizenship and Immigration Canada PRRA Unit, CIC- Backlog Reduction Office at the address listed in his/her Notification.
Grounds for Pre Removal Risk Assessment
- Whether the applicant’s return to their country would subject them personally to:
- A danger of torture; or
- A risk to life, or of cruel and unusual treatment or punishment, if:
- Because of that risk, they are unable/unwilling to seek protection in their country;
- They would face the risk in every part of that country;
- The risk is not the result of legitimate sanctions (except those imposed in violation of international standards); and
- The risk is not caused by the inability of the country to provide adequate health or medical care.
- Whether the applicant has a well-founded fear of persecution in their home country (country of nationality or, if they do not have one, the country where they usually lived) based on their race, religion, nationality, political opinion or membership in a particular social group; and because of this fear, they are unwilling or unable to return to or seek protection in that country.
Ineligibility For Pre Removal Risk Assessment
Following factors limited to Pre Removal Risk Assessment Application:
- Have been determined to be inadmissible for serious criminality because applicant was convicted in Canada of a crime punishable by 10 or more years in prison, and applicant received a prison sentence of two or more years; or
- Have been determined inadmissible on grounds of security, human or international rights violations or organized criminality; or
- Made a refugee claim and it was rejected on the basis of section F of Article 1 of the Refugee Convention; or
- Are named in a certificate referred to in subsection 77(1) of the Immigration and Refugee Protection Act.
- If applicant made a refugee claim or previously applied for a PRRA and that application was rejected, abandoned or withdrawn, your client may not apply for a PRRA unless at least 12 months have passed.
- If applicant comes from a designated country, cannot apply for a PRRA until at least 36 months have passed since the refugee claim or PRRA application was rejected, abandoned or withdrawn.
Other Ineligibility For Pre Removal Risk Assessment
Applicants may not apply for a PRRA if they:
- Made a refugee claim that was determined to be ineligible for referral to the Immigration and Refugee Board because they came to came to Canada from a safe third country,
- Were found to be a Convention refugee in another country, to which they may return,
- Are a protected person (already have refugee protection in Canada),
- Are subject to extradition.
If the application is accepted
Most persons whose PRRA applications are accepted become ‘protected persons’ who may apply to become a permanent resident.
If the application is rejected
Persons whose PRRA applications are rejected must leave Canada. Rejected applicants may apply to the Federal Court of Canada for a review of the PRRA officer’s decision.
