Pre-Removal Risk Assessment
A Pre-Removal Risk Assessment (PRRA) is a process in Canada that allows individuals facing removal from the country to apply for protection before they are deported. It is an important procedure for individuals who have been ordered to leave Canada, but who may face risks in their home country, such as persecution, torture, or a threat to their life.
This is typically available to foreign nationals who have exhausted other avenues for immigration protection (such as refugee claims) but still need protection due to risks they may face if they are removed from Canada.
Approximately 2-3% of PRRA applications are approved annually in Canada, reflecting the stringent criteria used to assess the risks individuals face if deported.
Who Can Apply for a PRRA?
The PRRA is available to individuals in Canada who:
- Are subject to a removal order and are not eligible for other forms of protection (like a refugee claim or a Humanitarian and Compassionate application).
- Have not made a refugee claim in the past 12 months. If you made a refugee claim that was refused, you may be eligible for a PRRA if at least 12 months have passed since your refusal.
- Are not excluded from making a refugee claim (i.e., individuals with serious criminal convictions, those who have been involved in war crimes or crimes against humanity, etc.).
The PRRA is typically not available for individuals who have been refused asylum or those under detention orders.
What Does the PRRA Process Involve?
- Eligibility Check
- PRRA eligibility is determined based on whether the applicant has been ordered to leave Canada and whether they have been in the country for at least 12 months since their last refugee claim refusal or deportation order.
- You must submit a PRRA application within 15 days of receiving a removal order unless there are exceptional circumstances that delay the process.
- Application for PRRA
- Required Documents: You must provide documents that outline the risks you face in your home country (such as evidence of persecution, threats, or other dangers).
- Personal Statement: You will need to explain why you cannot return to your country and why you face harm, persecution, or threats there. This includes describing any human rights violations or personal safety concerns you would face upon return.
- Risk Assessment
During the PRRA process, Canadian officials will evaluate whether you face a real risk of harm in your home country. The risks considered may include:
- Persecution based on race, religion, nationality, membership in a particular social group, or political opinion.
- Risk of torture, cruel, or unusual treatment or punishment.
- Risk to life, such as threats from armed conflict, gang violence, or other forms of violence that could put your life in danger.
- Decision
- After the PRRA application is reviewed, a decision is made based on the evidence you provide. The Immigration, Refugees and Citizenship Canada (IRCC) officer will assess the case and determine whether the individual faces a risk of harm if returned to their country of origin.
- Approval: If the PRRA is approved, the individual is granted temporary protection in Canada (temporary resident status) while their case is reviewed, or they may be allowed to stay in Canada permanently.
- Refusal: If the PRRA is denied, the individual is still subject to removal from Canada. However, there may be options for appeal or a judicial review in certain circumstances.
What Are the Criteria for the PRRA Decision?
The officer will consider several factors to assess the risk of returning the individual to their country:
- Human Rights Conditions in the Country of Origin: The officer will examine whether the applicant’s country of origin has a track record of human rights abuses, war, or persecution.
- Personal Risk Factors: The officer will review the applicant’s personal history and whether they face unique threats due to their identity (e.g., ethnicity, political opinions, gender, sexual orientation).
- New Risks Since the Refugee Claim Was Refused: If new evidence has emerged since the initial refugee claim, the PRRA officer will assess whether those new factors increase the risk to the applicant.
When Can You Apply for PRRA?
You can apply for a PRRA if you meet the following conditions:
- You have received a removal order: This means Canada has ordered you to leave the country.
- 12 months have passed since your last refugee claim was refused: If your refugee claim was refused within the last 12 months, you are typically not eligible for the PRRA process.
- You’re in Canada: PRRA applications must be made while you are physically in Canada, as it is part of the protection process for people already within the country.
Decision Outcomes
A positive decision grants permanent residency, while a refusal means the individual may need to leave Canada unless other options are available.
What Happens After a PRRA Decision?
- Approved PRRA
- If your PRRA is successful, you may be granted protected status in Canada. This could be temporary resident status, allowing you to stay in Canada until further immigration decisions are made. In some cases, it may lead to permanent residency depending on the circumstances.
- You will be allowed to live, work, and study in Canada while your situation is resolved.
- Denied PRRA
- If your PRRA is refused, you are still expected to leave Canada. However, you may request a Judicial Review if you believe the decision was unfair or based on incorrect information.
- If your PRRA is denied, other options might exist depending on the specifics of your case, including a Humanitarian and Compassionate application or seeking legal counsel to challenge the removal.
Important Considerations for PRRA Applicants
1. Supporting Evidence is Key: When applying for a PRRA, the stronger the evidence you can provide about the risks you face upon returning to your home country, the more likely your application will succeed. This can include:
- Reports from human rights organizations.
- Medical or psychological evidence showing harm or threats.
- Personal statements describing specific risks.
- Witness statements or testimonials from people who know your situation.
2. Timeliness: It’s critical to submit your PRRA application as soon as you are eligible to do so. The time limit for submitting your application is 15 days from receiving a removal order, and any delays can impact your case.
3. Legal Assistance: Given the complexity of the PRRA process, it’s strongly recommended to seek legal advice or representation. Immigration lawyers and paralegals can help present your case effectively and ensure you meet all the required legal standards.