Monday-Friday 10:00 - 18:00 Telephonic Appointment Only
Pre Removal Risk Assessment application
Canada is committed to confirming that people being removed from Canada are not sent to a country where they would be in great danger or at risk of persecution. If a person is told to leave Canada, he/she will be given a notice that the removal order is being enforced. At that time, if he/she is eligible, he/she will be given the opportunity to apply for a pre-removal risk assessment (PRRA). If the person comes from a Designated Country of Origin you will need to wait 36 months before you are entitled to a PRRA. A PRRA is to assess if there is any new information or facts that may put the person at risk if they were to be removed to their home country subject to a removal order.
GROUNDS FOR PRE REMOVAL RISK ASSESSMENT
a) If the applicant’s return to their country would subject them personally to:
A considerable danger of torture; or
A well-founded risk to life, or of cruel and unusual treatment or punishment, if:
Because of that risk, they are unable/unwilling to seek protection in their country;
They would face the risk in every part of that country;
The risk is not the result of legitimate sanctions (except those imposed in violation of international standards); and
The risk is not caused by the inability of the country to provide satisfactory health or medical care.
b) If the applicant has a well-founded fear of persecution in their home country based on religion race discrimination, nationality, political opinion or membership in a particular social group; and because of this well-founded fear, they are unwilling or unable to return to or seek protection in that country.
INELIGIBILITY FOR PRE REMOVAL RISK ASSESSMENT
Following factors limited to Pre Removal Risk Assessment Application:
Has been determined to be inadmissible for serious criminality because claimant was convicted in Canada of a crime punishable by 10 or more years in prison, and claimant received a prison sentence of two or more years; or
Has been determined inadmissible on grounds of security, human or international rights violations or organized criminality; or
Made a refugee claim and it was rejected on the basis of section F of Article 1 of the Refugee Convention; or
is named in a certificate referred to in subsection 77(1) of theImmigration and Refugee Protection Act.
If claimant made a refugee claim or previously applied for a PRRA and that application was rejected, abandoned or withdrawn, then he/she may not apply for a PRRA unless at least 12 months have passed.
If claimant comes from a designated country, cannot apply for a PRRA until at least 36 months have passed since the refugee claim or PRRA application was rejected, abandoned or withdrawn.
OTHER INELIGIBILITY FOR PRE REMOVAL RISK ASSESSMENT
made a refugee claim that was determined to be ineligible for referral to the Immigration and Refugee Board because person came to Canada from a safe third country,
were found to be a Convention refugee in another country, to which you may return,
is a protected person (means already have refugee protection in Canada),
is subject to extradition
If application for PRRA is accepted
If the PRRA officer accepts your application, you may receive the status of “protected person.” This means you can stay in Canada and you can apply to become a permanent resident.
If application for PRRA is rejected
If the PRRA officer rejects your application, you will receive a written notice. Your removal order comes into effect again and you may receive a reasonable period of time to ensure your departure from Canada. If your application is rejected, you may apply to the Federal Court of Canada for a review assessment of the PRRA officer’s decision.
In reviewing your case, the PRRA officer will consider:
Risk of persecution as defined in the Geneva Convention;
Danger of torture; and
Risk of life or the risk that claimant 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. For claimants from a designated country of origin, the bar on accessing a PRRA is extended to 36 months.