Pre-Removal Risk Assessment

A Pre-Removal Risk Assessment (PRRA) application is an option available for individuals facing removal from Canada under specific circumstances.

 

 

 

 

 

 

 

PRRAs are intended to ensure that individuals are not removed to countries where they would be subjected to:

  • Danger of torture
  • Risk of persecution
  • Risk to life or cruel and unusual treatment or punishment

Eligibility

A Canada Border Services Agency (CBSA) officer assesses your eligibility after the removal process begins. A 12-month waiting period applies in most cases if:

  • You abandon or withdraw your refugee claim, or it is rejected by the Immigration and Refugee Board (IRB).
  • You abandon or withdraw another PRRA application that was refused.
  • The Federal Court rejects your attempt to have your refugee claim or PRRA decision reviewed.

You cannot submit a PRRA application until the 12-month waiting period is over if it applies.

Refugee Claims in Other Countries

If you made a refugee claim in certain countries (Australia, New Zealand, the United States, the United Kingdom), your claim cannot be referred to the IRB. However, you may still be eligible for a PRRA.

Who’s not eligible for a PRRA

You cannot apply for a PRRA if you:

  • Made a refugee claim ineligible due to the Safe Third Country Agreement.
  • Were recognized as a Convention refugee in a country you can return to.
  • Already have refugee protection in Canada as a protected person.
  • Are subject to extradition.

How to apply for a PRRA?

If you’re eligible, a CBSA officer will provide you with the necessary PRRA application form and instruction guide before your scheduled removal from Canada. Here’s what you need to keep in mind:

Application Timeline:

  • If you receive the forms in person, you have 15 days to complete and submit your application.
  • If you receive the form and guide by mail, you have 22 days to complete and submit your application.


Temporary Stay of Removal Order:

If it’s your initial PRRA application and you comply with the application requirements, your removal order will be temporarily stayed. This means you cannot be removed from Canada until a decision is reached on your PRRA.

You would not be removed from Canada until:

  • You inform us that you do not intend to apply for a PRRA.
  • You miss the application deadline.
  • Your PRRA application is refused by us.
  • You decide to withdraw or abandon your PRRA application.


No Hold on Removal Order if:

  • Making a second PRRA application.
  • Applying for a PRRA at a Port of Entry (POE) due to not qualifying for an exception to the Safe Third Country Agreement.
  • Having an active removal order while at the POE.


Potential Removal:

  • In these cases, your removal order will not be put on hold, and you may be subject to removal from Canada before a decision is made on your PRRA application.

FAQs

PRRA ensures individuals facing removal from Canada are not sent to countries where they may face harm.

 

Eligibility is determined by a CBSA officer during the removal process. Conditions include a 12-month waiting period in certain cases and factors like prior refugee status.

 

Eligible individuals receive forms from CBSA before removal. They must complete the form, submit a risk explanation letter, and provide supporting documents.

 

They must inform IRCC or meet specific criteria, such as missing the application deadline or withdrawing the PRRA application.

Note: “The information herein is provided for informational purposes only and should not be construed as legal advice. Read our complete Legal Disclaimer on Website”

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