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

1. Find out if you’re eligible for a PRRA

On July 22, 2020, the Federal Court decided that the Safe Third Country Agreement (STCA) is not legal. The federal government appealed that decision. The STCA rules will continue as they are now at least until the Federal Court of Appeal makes its decision.

If you’re going to be removed from Canada, you might be eligible for a (PRRA). You won’t be eligible for a PRRA if:

  • a Canada Border Services Agency (CBSA) officer decided you were not eligible to make a refugee claim because you arrived from the United States at a location where the Safe Third Country Agreement applies and you didn’t meet an exception,
  • you have status in another country and you can return there, or
  • you’re already a in Canada.

You will be able to make a PRRA if you’re not eligible to make a refugee claim because you arrived from a country that has an information sharing agreement with Canada and you already made a claim in that country. The list of countries includes the United States, Australia, New Zealand, and the United Kingdom. If this applies to you, get legal advice right away. Unlike other PRRA applicants, you must be given an oral hearing with an immigration officer. At this oral hearing, you will be asked questions about what you fear and the you have to support that fear.

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