Pre Removal Risk Assessment

Canada has obligations under international law and under its own Canadian Charter of Rights and Freedoms not to remove someone to a place where they face face risks of persecution or risk of torture, to life, or of cruel or unusual treatment or punishment. A Pre-Removal Risk Assessment (PRRA) is a kind of application that you may be given the opportunity to make if you are issued a removal order and face the kind of risks and threats mentioned.   You cannot find this application online, but may be provided with an application kit by a Canada Border Services Agency (CBSA) officer after receiving a removal order.   Failed refugee claimants should be given the opportunity to apply for a PRRA, but will have to limit their evidence to new evidence that arose wince their claim was established or to evidence that was unavailable at the time.  For failed refugee claimants, you have to wait 12 months after your negative decision on your refugee claim to apply for a PRRA. The negative decision is your last decision, whether at the Refugee Protection Division, Refugee Appeal Division or the Federal Court.  There are limited exceptions to this rule.  Please see the link below to the Immigration Refugees and Citizenship Canada webpage on this subject for more details.

But it is not just failed refugee claimants who could receive the PRRA application.  If you are facing a removal order for another reason (not due to a failed refugee claim) and have indicated to the CBSA that you face the kinds of threats and risks to your life or security as mentioned above, you may be given the opportunity to make a PRRA application.  If you have not previously made a claim for refugee protection in Canada, tthe "new evidence" rule does not apply directly to you, but the evidence must be about present threats, not past ones.  You will have to provide evidence that answers the following questions:

  • Why would you be at risk if returned to your home country?
  • What kind of risks would you face and why?
  • How do these risks concern you directly and personally?
  • Could you escape these risks by moving to another city or region of your country?
  • How does your situation compare with the situation of the rest of the population in your country of nationality?

If you receive a PRRA application kit, you have to act very fact.  You only have 15 days to file the initial application, which must include your reasons for making the PRRA application.  You than have a further 15 days to submit your evidence and legal arguments to support your application.

Contact Asaf Rashid if you need assistance with your PRRA application.

Link to IRCC page on PRRA application: See more