5. Get legal advice if your PRRA is denied
Question and answer
How do I apply for a Pre-removal Risk Assessment?If your PRRA is denied, your will become enforceable. And Canada Border Services Agency (CBSA) must arrange for your removal.
Get legal advice from a lawyer about your options.
Judicial review
You can ask the Federal Court to review the decision. This is called . You can also ask the Court to pause your removal while the decision is being reviewed.
You need a lawyer to help you make these applications. You should not try to do this on your own.
Deferral of removal
In some cases, you can make a “Request to Defer Removal” to delay your removal even if your PRRA is denied. For example, your removal could be deferred if:
- you have another application pending, such as a humanitarian and compassionate application
- your child needs to get medical attention or finish their school year
- the conditions in your country have changed since your refugee claim or previous PRRA was rejected
- there is new of the risks you face in your country
Talk to a lawyer for help with this. If CBSA refuses to delay your removal, you can ask the Federal Court to review that decision. You will need a lawyer to make that request.
Risk of detention
After your PRRA is denied, you have a higher risk of being detained. This is because you said that you're afraid to leave Canada, and so an officer may think you're not likely to attend your removal.
If you're detained, you have the right:
- to know why you're being detained
- to have a hearing within 48 hours of being detained, and
- to get legal help from a lawyer or licensed representative.