You are here

What is a Pre-Removal Risk Assessment and can I apply?

What is a Pre-Removal Risk Assessment and can I apply?
This question has an answer and 4 steps
1
2
3
4
Reviewed: 
July 11, 2019
Answer

If you’re going to be removed from Canada, you might be eligible for a Pre-Removal Risk Assessment (PRRA). A PRRA is a written application where you explain why you’re afraid to return to your country and you provide documents to support your fear.

Your eligibility for a PRRA depends on several factors, including:

  • if there is a removal order against you,
  • if you have made a refugee claim,
  • how long it has been since your refugee claim was rejected, and
  • if you already made a refugee claim in another country that has an information sharing agreement with Canada

Removal order stayed

If you’re making your first PRRA application, and you follow the rules in applying for a PRRA , your removal order will be temporarily stayed. This means that you can’t be removed from Canada until your PRRA is decided. 

But if you’re making a second PRRA application, or if you apply for a PRRA at a Port of Entry (POE), your removal order will not be stayed or put on hold until your PRRA is decided.

Your PRRA application is decided using the same legal test that the Refugee Board uses to decide if you meet the definition of a Convention refugee or a person in need of protection.

If your PRRA is approved, you will be granted protected person status and in most cases you can apply for permanent resident status.

Inadmissible or excluded

If you’re inadmissible or your refugee claim has been excluded, you should get legal advice. These situations are very complicated.

For example, you’re inadmissible to Canada because you’ve committed a serious crime, broke human rights laws, or there are other security concerns, you’re only entitled to a “restricted PRRA”.

Different factors are used when deciding a restricted PRRA application. And if your restricted PRRA is approved, you will only get temporary protection from removal. That protection can be reviewed and you can be removed at any time. You will not get protected person status and you can’t apply for permanent residence.

Get legal help

Talk to a lawyer as soon as possible to get help with your PRRA application or if Canada Border Services Agency (CBSA) is trying to remove you before you become eligible for a PRRA. It’s very difficult to succeed with a PRRA without a lawyer. There are strict deadlines to follow and the rules about what evidence you can include are complicated.

If you have never received a removal order, you might be eligible to make a refugee claim instead of a PRRA. Talk to a lawyer as soon as possible before you get a removal order.

Parlez Français