Pre-Removal Risk Assessment (PRRA) Lawyer Bramptonda

What Is a Pre-Removal Risk Assessment?

A Pre-Removal Risk Assessment (PRRA) is available to certain individuals facing removal from Canada. Its purpose is narrow but critical: to ensure that no one is removed to a country where they would face any of the following:

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

A PRRA is not a second refugee hearing — it’s a focused, forward-looking assessment of the risk you would personally face if removed, based on current country conditions and your specific circumstances.

Who Is Eligible for a PRRA?

A CBSA officer assesses your eligibility for a PRRA after the removal process has already begun. In most cases, a 12-month waiting period applies before you can apply if any of the following happened:

• You abandoned or withdrew your refugee claim, or it was rejected by the Immigration and Refugee Board (IRB)
• You abandoned or withdrew a previous PRRA application that was refused
• The Federal Court rejected your attempt to have your refugee claim or PRRA decision judicially reviewed

You cannot submit a new PRRA application until this 12-month waiting period has passed, where it applies. If your matter is currently before the Federal Court, this timeline connects directly with a Judicial Review of the underlying decision, so it’s worth understanding both processes together.

Refugee Claims Made in Other Countries

If you previously made a refugee claim in Australia, New Zealand, the United States, or the United Kingdom, your claim generally cannot be referred to the Immigration and Refugee Board in Canada — but you may still be eligible to apply for a PRRA.

Who Is Not Eligible for a PRRA

• Individuals whose refugee claim was found ineligible under the Safe Third Country Agreement
• Individuals recognized as a Convention refugee in a country they can safely return to
• Individuals who already have refugee protection in Canada as a protected person
• Individuals subject to extradition

How to Apply for a PRRA

If you’re found eligible, a CBSA officer will provide the PRRA application form and instruction guide before your scheduled removal date. From that point, the clock starts immediately:

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

These are hard deadlines. A complete PRRA application should include the application form, a detailed risk explanation letter setting out exactly what you would face if removed, and supporting documentation — country condition evidence, personal statements, and any corroborating records available.

Does a PRRA Pause Your Removal?

If it’s your first PRRA application and you meet the application requirements, your removal order is temporarily stayed — meaning you cannot be removed from Canada until a decision is reached. This is separate from, but related to, a formal application for a stay or deferral of a removal order, which may apply in other circumstances.

You Would Not Be Removed From Canada Until:

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

When There Is No Hold on Your Removal Order

The automatic stay does not apply in every situation. Your removal order will not be paused, and you may be removed before a decision is made, if:

• You’re making a second PRRA application
• You’re applying for a PRRA at a Port of Entry (POE) because you don’t qualify for an exception to the Safe Third Country Agreement
• You have an active removal order in place at the POE

What Happens If Your PRRA Is Refused?

A refused PRRA can sometimes be challenged through Judicial Review at the Federal Court, though this does not automatically pause your removal — a separate motion for a stay is typically required. Depending on your circumstances, other remedies may also be worth exploring in parallel, including a Humanitarian and Compassionate (H&C) application, a Danger Opinion assessment, or, if you’re currently detained, a Detention Review. An experienced immigration lawyer can help you understand which of these apply to your situation and how they interact with your PRRA timeline.

Why Choose Batra Law Offices for Your PRRA Application

PRRA applications come with unforgiving deadlines and require carefully documented evidence of personal risk — there’s very little room for error. Our Brampton immigration team helps clients prepare complete, well-evidenced PRRA applications, and advises on connected remedies such as refugee claim appeals, Judicial Review, and Humanitarian and Compassionate applications, so your entire case strategy — not just the PRRA in isolation — is built around protecting your ability to stay in Canada.

Frequently Asked Questions

What is the purpose of a Pre-Removal Risk Assessment (PRRA)?

A PRRA ensures individuals facing removal from Canada are not sent to a country where they may face torture, persecution, or a risk to life.

Who is eligible for a PRRA, and what are the conditions?

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 claim history or a previously refused PRRA.

How does one apply for a PRRA?

Eligible individuals receive the application form and instruction guide from CBSA before removal. They must complete the form, submit a risk explanation letter, and provide supporting documentation within the applicable deadline.

What if someone wants to stay in Canada after applying for a PRRA?

If it’s a first PRRA application and requirements are met, removal is automatically stayed until a decision is made — unless the applicant misses the deadline, withdraws the application, or it’s refused.

How long do I have to submit a PRRA application?

15 days if you receive the forms in person, or 22 days if you receive them by mail. These deadlines are strict.

Does applying for a PRRA always stop my removal?

Not always. A first PRRA application generally triggers an automatic stay, but second applications, POE applications tied to the Safe Third Country Agreement, and cases with an active removal order at the POE do not receive this automatic hold.

Can I apply for a PRRA more than once?

It’s possible in some circumstances, but a second PRRA application does not automatically pause your removal the way a first application does.

What should be included in a PRRA application?

A complete application typically includes the official form, a detailed risk explanation letter, and supporting evidence such as country condition documentation and personal statements corroborating the risk you would face.

Can I apply for a PRRA if I made a refugee claim in the U.S. or U.K.?

In many cases, yes. If your refugee claim was made in Australia, New Zealand, the U.S., or the U.K. and can’t be referred to Canada’s Immigration and Refugee Board, you may still be eligible for a PRRA.

Who is not eligible for a PRRA?

Individuals whose claim was found ineligible under the Safe Third Country Agreement, those recognized as a Convention refugee in a country they can return to, those who already have protected person status in Canada, and those subject to extradition are not eligible.

What happens if my PRRA is refused?

A refused PRRA can potentially be challenged through Judicial Review at the Federal Court, though this doesn’t automatically stop your removal — a separate stay motion is usually required.

Is a PRRA the same as a refugee hearing?

No. A PRRA is a narrower, forward-looking risk assessment based on current country conditions and your personal circumstances — it is not a full second hearing of your refugee claim.

What other options exist if my PRRA doesn’t succeed?

Depending on your circumstances, options may include a Humanitarian and Compassionate application, a Danger Opinion assessment, or, if detained, a Detention Review — each addressing different aspects of your immigration situation.

Do I need a lawyer for a PRRA application?

It’s not legally required, but given the strict deadlines and the importance of thorough, well-documented evidence, legal representation significantly improves the strength and completeness of your application.

What is the 12-month waiting period for a PRRA?

It applies if you abandoned or withdrew a refugee claim (or it was rejected by the IRB), abandoned or withdrew a previously refused PRRA, or had a Federal Court judicial review of your refugee claim or PRRA decision rejected.

Book a Consultation With a Brampton PRRA Lawyer

If you’re facing removal from Canada, time matters. Contact Batra Law Offices today to book a consultation.