Is It Worth Applying for a PRRA in Canada?

For someone facing removal from Canada, the question of what happens next can be very stressful. Many people hear about a Pre-Removal Risk Assessment, or PRRA, and wonder whether it is another chance to make a refugee claim or whether there is any point in applying at all.

There is no simple yes or no answer to that question. A PRRA may be an important option for one person and may not be available or appropriate for another. It depends on the person’s immigration history, the risk they may face if returned, what happened in any earlier refugee or immigration proceeding, and the evidence that is available now.

The important thing is to understand what a PRRA is, who can apply, what evidence can be used, and what needs to be done within the required time.

A Pre-Removal Risk Assessment is a process that can protect certain people who are facing removal from Canada. It looks at whether a person would face persecution, torture, a danger to their life, or cruel and unusual treatment or punishment if they were returned to their country.

The assessment is handled by Immigration, Refugees and Citizenship Canada (IRCC). It is different from a refugee claim made before the Refugee Protection Division of the Immigration and Refugee Board of Canada. It is also different from an appeal to the Refugee Appeal Division.

A PRRA is connected to the removal process. A person cannot simply decide to file one whenever they want. In general, the Canada Border Services Agency must first tell the person that they are eligible to apply and provide the application materials.

The Canadian refugee system has several different processes, and it is easy to confuse them. A refugee claim is normally considered first by the Refugee Protection Division. In cases where an appeal is available, a negative decision may be appealed to the Refugee Appeal Division.

A PRRA has a different purpose. It comes into the picture when a person is facing removal and asks whether returning that person would expose them to a serious risk covered by Canadian law.

This difference becomes especially important for someone who has already had a refugee claim refused. A PRRA is not simply a chance to start the same claim again or submit the same evidence one more time. The rules about what evidence can be considered may be much more limited.

The answer depends on the individual case. There may be good reasons to consider a PRRA when something important has changed since an earlier proceeding or when relevant evidence was not available at that time.

For example, there may have been a significant change in the situation in the person’s home country. There may have been a new personal development that has increased the person’s individual risk. Important documents may have become available only recently. There may also be evidence that could not reasonably have been obtained or presented during the earlier proceeding.

In some cases, a previous decision may have pointed out weaknesses in the evidence. If genuinely new evidence is now available that addresses those issues, this may also be relevant.

This does not mean that every new document will make a difference. The important question is whether the new information is legally relevant and whether it changes the picture of the risk faced by the applicant.

This is why a PRRA should be looked at as an individual legal matter. Before deciding whether to apply, it is important to understand what happened in the earlier proceedings, what has changed, and what evidence is available now.

In some situations: yes. However, an earlier refusal can make the PRRA process more complicated.

When a previous refugee claim or PRRA application has been refused, the rules generally limit the evidence that can be submitted. Current IRCC guidance↗ says that an applicant may generally rely on new evidence that arose after the earlier refusal, became known later, could not be accessed, or could not reasonably have been presented at the earlier proceeding.

This is an important point because something is not necessarily considered new simply because it is being submitted for the first time with the PRRA. The reason it was not available or could not be presented earlier can matter.

For this reason, the earlier decision should be carefully reviewed before preparing the new application. It is important to understand what the earlier decision said, what findings were made and whether the evidence now available actually addresses something that has changed.

New evidence is often one of the most important parts of a PRRA case. It can include documents or information that became available after the earlier decision or that could not reasonably have been obtained or presented before.

The evidence should also have a clear connection to the person’s situation. A country report may show that serious problems exist in a particular country, but the application should explain how those conditions affect the person applying for protection. Similarly, a new document may be genuine but may not be helpful if it does not relate to the risk being considered.

A good application should make this connection clear. It should explain what the evidence is, why it is being submitted now, what it shows and why it matters to the applicant’s situation.

Eligibility is the first issue to consider. A person cannot simply choose to file a PRRA because they are worried about being removed. In the usual first-application process, the Canada Border Services Agency must notify the person that they are eligible to apply. Different rules apply to qualifying repeat applications and applications at a port of entry↗.

There are also rules that can prevent a person from applying at a particular time. In most cases, a 12-month waiting period↗ applies after the last relevant negative decision. A later appeal or Federal Court decision may affect that date. Waiting does not itself give a person permission to remain in Canada. There are exceptions in certain circumstances, including some situations where conditions in a country have changed significantly.

The person’s complete immigration history therefore matters. The type of decision they received, when it was made, what happened afterwards and the documents they received from CBSA can all affect eligibility.

Once a person receives the PRRA application package, the deadline becomes very important. In the ordinary notification process, the application must be received within 15 days after notification to preserve the stay of removal. For a package sent by mail, notification is deemed to occur seven days after mailing—so the usual 22-day calculation runs from mailing, not actual receipt. Check the application and supporting-submission dates on the notice with counsel. The regulations↗ and IRCC application guide↗ explain these rules.

These deadlines can be difficult when a case involves documents from another country, translations, supporting statements, research into country conditions and detailed legal submissions. Waiting until the last few days can make it much harder to deal with missing documents or problems in the evidence.

If a person receives a PRRA notice, it is better to have the file reviewed as soon as possible rather than waiting until the deadline is close.

A timely first PRRA application in the ordinary notification process preserves a stay of removal↗. Late applications, repeat applications and applications at a port of entry do not carry the same automatic protection.

Most PRRA applications are decided based on the written application and supporting evidence. The officer will consider the information provided, the person’s immigration file and any relevant previous decisions.

A hearing can take place in certain circumstances. For example, IRCC may schedule a hearing where a serious credibility issue needs to be considered and the legal requirements for a hearing are met. PRRA hearings are normally conducted remotely↗, with accommodation available in appropriate cases.

Because the process is usually based on written material, the way the application is prepared matters. The decision-maker should be able to understand the person’s history, the risk they say they face and the evidence supporting that risk without having to search through a large collection of documents.

If a PRRA is accepted, the person will generally receive protected person status↗. A protected person may then apply for permanent residence, subject to the applicable rules and any exceptions that may apply to their case.

The result can be different where there are serious inadmissibility issues or other legal circumstances that affect the person’s status. This is another reason why the full immigration history needs to be considered.

A refusal does not mean that a person automatically has an indefinite right to remain in Canada. If the PRRA is refused, removal may proceed unless another legal process or a court order changes the situation.

In appropriate cases, a person may apply to the Federal Court for leave and judicial review of a negative PRRA decision. Leave means the Court’s permission to proceed. It is a separate court process and is not another PRRA application. There are strict deadlines for taking this step↗, so a refusal should be reviewed promptly.

The important thing is not to assume that a refusal means there is nothing else that can be done, but also not to assume that a person can remain in Canada simply because they are seeking further review. The available options depend on the individual circumstances and the stage of the removal process.

A PRRA application should be considered in the context of the person’s complete immigration history. Previous refugee or immigration decisions, the removal documents, changes in the person’s circumstances, current conditions in the country of return and the available evidence can all be important.

A lawyer reviewing the file can look at what was already decided, what has changed and whether there is evidence that can properly be used in the PRRA. The review can also help identify gaps in the evidence, explain inconsistencies and make sure that the application addresses the issues that are actually relevant to the person’s case.

Legal advice does not mean that every person should file a PRRA. In some cases, the better advice may be to consider another available option or to explain the limitations of the PRRA process. The value of having the file reviewed is that the decision is based on the person’s actual circumstances rather than assumptions about what a PRRA can do.

At Telesh Law Firm Professional Corporation, we assist clients with immigration and refugee matters, including PRRA applications and matters involving removal. We take the time to understand the history behind the file, review the available evidence and identify the legal issues that need to be addressed.

If you have received a PRRA notice, a removal order or a negative decision in an earlier refugee or protection matter, getting legal advice early can help you understand what options are available and what needs to be done before the relevant deadline.