Canada is committed to ensuring fairness and due process to individuals seeking to remain in the country for the reason of danger posed to their lives in their home countries.
Most individuals who are under an enforceable removal order from Canada are eligible to apply for a Pre-Removal Risk Assessment (PRRA) to assess the potential danger for their lives and prevent them from the risk of persecution in the country of their prospective return.
The decision of whether or not to apply for Pre-Removal Risk Assessment rests entirely with the individual under the enforceable removal order.
Should you choose to apply for PRRA, it is very important to follow the requirements of the PRRA application and submit facts and evidence in support of the potential danger to your life that you would face upon your return to home country.
In case an individual has prior claimed a refugee status in Canada and the claim was rejected by Immigration and Refugee Board, it is a requirement of the Pre-Removal Risk Assessment application that only new evidence, which has not been presented and considered by the Immigration and Refugee Board at the time of the hearing of the refugee claim, be submitted in support of the PRRA.
There will be a suspension of deportation for an individual who has properly and timely applied for Pre-Removal Risk Assessment until the time the application is considered and a decision is rendered.
An individual will have 15 days to submit the PRRA starting from the day that they accepted the opportunity to apply for the PRRA.
The IRCC officer reviewing your application will consider whether the definitions of persecution described in Geneva Convention can be applied to your PRRA application. Such definitions are:
- Risk of torture; and
- Risk to your life or the risk that you may be subjected to cruel and unusual treatment or punishment.
Please note that an individual will not be eligible to apply for PRRA if the person:
- Is a protected person (that is, you presently enjoy refugee protection in Canada);
- Is found to be a Convention refugee by another country and can return there;
- Made a refugee claim, and it was not eligible to be referred to the Immigration and Refugee Board (IRB) because they came to Canada from a safe third country;
- Made a refugee claim, which was rejected by the IRB (includes abandoned or withdrawn), and less than 12 months have passed since that time;
- Applied for a PRRA, which was rejected by IRCC, and less than 12 months have passed since that time;
- Is subject to extradition (extradition is a formal request that Canada returns you to another country because you are a suspected or convicted criminal).
If the Pre-Removal Risk Assessment Application is Refused
In case the Pre-Removal Risk Assessment Application is refused, the removal order issued against an individual becomes enforceable and the individual is expected to leave the country as soon as it is practically possible.
The remaining remedy to fight an enforceable removal order is to bring an Application for Leave and Judicial Review of the negative decision rendered in regards to PRRA application to the Federal Court of Canada along with Motion to Stay Deportation.
If the Pre-Removal Risk Assessment Application is Granted
In case the decision rendered for the PRRA is positive, an individual receives the status of a “protected person” and becomes eligible to apply for permanent residence in Canada as a «protected person.»