A Pre-removal Risk Assessment (PRRA) is a process that allows individuals facing removal from Canada to seek protection. It gives them the opportunity to explain the risks they would face if they return to their country of origin. These risks can include torture, risk to life, or cruel and unusual treatment or punishment. Understanding the Legal Issues related to removal can help you prepare a more comprehensive PRRA application.
If the PRRA is successful, the applicant is allowed to remain in Canada. To apply for a PRRA, you must receive notification from the Canada Border Services Agency (CBSA) that you are eligible to apply. Without this notification, you cannot submit an application.
Who Is Eligible for a PRRA and What Are the Application Requirements?
To apply for a PRRA, you need to be notified by the CBSA, which typically happens when removal procedures are imminent. Eligibility depends on several factors, including whether you have previously made a refugee claim.
In some cases, you might also need an Authorization To Return To Canada, especially if you’ve been previously deported.
If your claim was rejected and new risks have emerged since then, you may submit a PRRA application. Applicants are required to complete the Application for a Pre-Removal Risk Assessment (IMM 5508) form and can submit additional written documents and evidence to support their case.
Is Pre-removal Risk Assessment the Same as a Humanitarian & Compassionate Application?
No, a PRRA is not the same as a Humanitarian & Compassionate (H&C) application. A PRRA is focused on protection and assessing the risks of being returned to your home country, such as torture or persecution.
Additionally, you may receive a Procedural Fairness Letter during this process if there are concerns about your application that need addressing.
An H&C application, on the other hand, takes into account personal circumstances and how removal from Canada would affect you, including the impact on family life, integration into Canadian society, and best interests of children involved.
H&C applications are not limited to cases of risk to life or safety and can be submitted at any time, even before removal procedures begin.
What Are the Key Factors That a PRRA Submission Should Address?
In a PRRA submission, the key factors include demonstrating the specific risks you would face if returned to your home country. This involves explaining how the risk concerns you personally, why you are unable to seek protection in your country, and whether you could avoid the risk by relocating within the country.
Reviewing your GCMS Notes can provide valuable insight into how your previous immigration interactions may impact your current application.
Evidence supporting claims of persecution or risk, such as documents from human rights organizations, news reports, or testimonies from people familiar with your situation, should also be included. Providing new evidence that wasn’t previously available can strengthen your case, especially if a previous claim was rejected.
Pre-removal Risk Assessment Process
The PRRA process begins when the Canada Border Services Agency (CBSA) notifies you of your eligibility. Once you receive this notification, you must submit your application to the IRCC Humanitarian Migration office by the deadline mentioned in the notification.
Applications can be submitted online or by mail. Along with the form, applicants can submit written submissions and evidence to support their case. If this is your first PRRA application, a stay of removal will be in place while your application is processed. If it’s not your first application, removal proceedings may continue. In some cases, a hearing may be scheduled to assess certain aspects of the submission.
What Happens if PRRA Is Rejected?
If your PRRA application is rejected, you will have to leave Canada. However, if you disagree with the decision, you may request a judicial review by the Federal Court of Canada.
To stay in Canada while this review is ongoing, you must also request a temporary stay of removal. If granted, this stay will allow you to remain in the country until the court makes a decision.
If you’re facing removal from Canada and unsure about your options, why not seek expert guidance? Contact us at SEP Immigration, and we’ll help you navigate the PRRA process, ensuring your application is well-prepared and your case is handled with care.
What Happens if PRRA Is Accepted?
An accepted application is a very positive outcome. In most cases, you become a protected person. This status means you cannot be removed to the country where you face risk. It is a major step toward building a permanent life in Canada.
Once you are a protected person, you can apply for permanent residence. This allows you to stay in Canada indefinitely. You can also apply for a work permit or a study permit while your residency application is processed. Your family members might also be included in this process.
In some rare cases, an acceptance only leads to a stay of removal. This happens if you are not allowed into Canada for security or other reasons. You can stay in the country, but you do not become a protected person. We help you understand which status applies to you after an acceptance.
Designated Countries and the PRRA Bar
Canada has a list of designated countries that are considered safe. These are countries that usually respect human rights and offer protection to their citizens. If you are from one of these countries, the rules for your assessment are different. The government believes you are less likely to face a real risk there.
If you are from a designated country, you must wait 36 months after a rejection to apply again. This is much longer than the standard 12-month bar. This rule exists to prevent people from safe countries from using the assessment to delay removal. It is important to know if your country is on this list.
A world map with a magnifying glass highlighting Canada.
The list of designated countries can change over time. It often includes places like the United Kingdom, the United States, and many European nations. If you are from one of these places, your evidence must be exceptionally strong. You must show why your situation is different from most people in your home country.
Exemptions to the Bar
Sometimes, the 12-month or 36-month wait time is waived. This happens when there is a sudden change in a country. If a war starts or a government is overthrown, Canada may allow immediate applications. This makes sure that people are not sent back to a new and dangerous situation.
Recent exemptions have applied to countries like Burundi, Haiti, and Zimbabwe. The government looks at the security and safety of these regions constantly. If an exemption applies to you, you can apply for the assessment even if you were recently rejected. This is a vital exception that saves lives.
We monitor these changes closely for our clients. If your country is added to the exemption list, we will let you know immediately. This allows us to act fast and submit a new application for you. Staying informed about these global changes is a key part of our service.
Pricing: How Much Does a PRRA Application Cost?
The cost of a PRRA application depends on several factors. There is no government fee for the assessment itself. However, most people choose to hire legal help to prepare their submission. The complexity of your case will change the total cost of our services.
Common factors that affect the price include:
- The amount of evidence that needs to be reviewed and translated
- The number of family members included in the application
- Whether you have a previous rejection that needs to be addressed
- The urgency of the removal date
- The need for expert reports or medical documents
When you ask for a quote, we look at your specific history. We give you a clear breakdown of the legal fees and any other costs. This helps you plan your budget during a stressful time. We believe in being open about costs before any work begins.
FAQs
To apply for a PRRA, you must complete the IMM 5508 form and submit it to the IRCC Humanitarian Migration office. You can also include written submissions and evidence to support your case. Applications can be submitted online or by mail.
No, there is no fee to apply for a Pre-removal Risk Assessment (PRRA). The application is free of charge.
