IRPA provides a formal structured process for reviewing risk before a person is removed. The person can apply to the Minister of Citizenship and Immigration for a pre-removal risk assessment (PRRA), which determines if the person would be at risk (i.e., torture, cruel and unusual punishment) if returned to his or her country of nationality.
PRRAs are conducted by Citizenship and Immigration Canada. An officer will determine whether you are eligible to apply for a pre-removal risk assessment.
One year bar for certain refugee claimants and previous PRRA applicants
If you made a refugee claim or you previously applied for a PRRA and your application was rejected, abandoned or withdrawn, you may not apply for a PRRA unless at least 12 months have passed.
If you come from a designated country, you cannot apply for a PRRA until at least 36 months have passed since your refugee claim or PRRA application was rejected, abandoned or withdrawn.
Countries exempt from the one year bar
In the event of a sudden change in country conditions, certain nationals may not have to wait 12 months to apply for a PRRA. Regulations have been developed to specify criteria which must be considered when determining whether or not an exemption should be granted.
Other ineligible persons
You may not apply for a PRRA if you:
- made a refugee claim that was determined to be ineligible for referral to the Immigration and Refugee Board because you came to came to Canada from a safe third country,
- were found to be a Convention refugee in another country, to which you may return,
- are a protected person (that is, you already have refugee protection in Canada),
- are subject to extradition (extradition is a formal request that Canada return a person to another country because they are a suspected or convicted criminal).
If you are eligible for PRRA, you will be given an application form and guide. You will have fifteen (15) days to apply. If you receive the form and guide by mail, you will be given an additional seven (7) days.
At this time, your removal order will be suspended. This suspension will remain in effect until:
- you notify Citizenship and Immigration Canada that you do not intend to apply for a PRRA,
- you miss the application deadline, or
- you apply for a PRRA and your application is rejected (or you withdraw or abandon your application).
In support of your application, you can submit written evidence to help explain the risk that you would face if you leave Canada.
In reviewing your case, the officer will consider:
- risk of persecution as defined in the Geneva Convention,
- danger of torture, and
- risk to your life or the risk that you may be subjected to cruel and unusual treatment or punishment.
Certain applications, such as those from persons who are inadmissible for serious criminality, are assessed only with respect to danger of torture and risk to life / risk of cruel and unusual treatment or punishment.
If your application is accepted
Most persons whose PRRA applications are accepted become ‘protected persons’ who may apply to become a permanent resident.
If your 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.
Please consult an immigration lawyer as every case is unique and should be assessed by a lawyer. CONTACT ME FOR LEGAL ADVICE 647 724-3657
