What Is a Pre-Removal Risk Assessment?
A Pre-Removal Risk Assessment (PRRA) is a legal procedure that allows a person whose refugee claim has been refused to have their case assessed again, focusing specifically on whether they face a risk if returned to their country. It is an important option available after a refugee claim is denied.
How PRRA Is Different From a Refugee Claim
A refugee claim focuses on whether you have a well-founded fear of persecution based on one of five protected grounds (race, religion, nationality, political opinion, or membership in a particular social group). A PRRA, by contrast, assesses whether you face a substantial risk to your life, risk of torture, or risk of cruel and unusual treatment or punishment if you are returned to your country.
Purpose of PRRA
The PRRA exists as a protection mechanism of last resort. It provides a way to assess risks that may not fit neatly into the refugee definition but that still constitute serious harm. For example, gang violence, medical condition risks, or gender-based violence may be assessed under PRRA even if they do not strictly meet the refugee definition.
When Is PRRA Available?
A PRRA is available in several circumstances. Understanding when you are eligible is essential before applying.
After Refugee Claim Refusal
If your refugee claim is refused by the Refugee Protection Division, a PRRA may become available later, but not straight away and not while an appeal is running. Section 112(1) of the Immigration and Refugee Protection Act allows an application for protection only by a person who "is subject to a removal order that is in force" or who is named in a security certificate under subsection 77(1). An appeal to the Refugee Appeal Division suspends the removal order, so there is no PRRA to apply for while that appeal is pending.
A second rule then applies. Under paragraphs 112(2)(b.1) and (c), a person may not apply for protection until at least 12 months have passed since the refugee claim was last rejected, withdrawn or abandoned, or since the last PRRA was rejected. For a national of a country designated under subsection 109.1(1) the wait is 36 months rather than 12. Subsection 112(2.1) lets the Minister exempt a person or a group from that wait. Treat the 12-month bar as the default and check whether an exemption applies before assuming a PRRA is open.
When a PRRA does become available, it allows new evidence or arguments about risk that were not fully addressed in the refugee claim.
Changed Circumstances
If circumstances in your country have changed since your refugee claim was decided, you may apply for a PRRA. For example, if your country has experienced a deterioration in security since your claim was heard, this may form the basis for a PRRA application.
When PRRA Is Not Available
The test in section 112(1) is a removal order that is in force, so a person holding valid temporary status as a visitor, worker or student is not eligible: there is no removal order against them. Subsection 112(2) then closes the door on four further groups. A person who is the subject of an authority to proceed under section 15 of the Extradition Act cannot apply. Neither can a person whose refugee claim was found ineligible under paragraph 101(1)(e), the Safe Third Country provision. The remaining two are the 12-month and 36-month waiting periods described above.
Serious criminality and security work differently, and the difference matters. Subsection 112(3) does not stop the application; it stops protection being conferred at the end of it. A person inadmissible on security, human rights or organized criminality grounds, a person convicted of an offence carrying a maximum of at least 10 years, a person whose claim was rejected under Article 1F of the Refugee Convention, or a person named in a security certificate may still apply, but the assessment leads to a stay of removal at most rather than protected person status.
Number of PRRAs
More than one PRRA is possible over the course of an immigration file, but each one restarts the clock: paragraph 112(2)(c) requires at least 12 months, or 36 months for a national of a designated country, to pass after a PRRA is rejected before another may be filed. A further application cannot be made while an earlier one is still undecided.
Grounds for PRRA
A PRRA is based on specific grounds defined in Canadian law. Your application must demonstrate that you meet one or more of these grounds.
Risk of Torture
You may qualify for a PRRA if there is a substantial risk that you will be tortured if returned to your country. Torture means causing severe pain or suffering for specific purposes such as obtaining information, punishment, intimidation, or coercion. The torture must be inflicted by or with the acquiescence of a state actor.
Threat to Life
A PRRA may be granted if there is a substantial risk to your life if you return to your country. This may include gang violence, medical condition risks, or other circumstances that threaten your life. The risk must be substantial, not speculative or hypothetical.
Cruel and Unusual Treatment or Punishment
You may qualify if there is a substantial risk of cruel and unusual treatment or punishment if returned to your country. This is a broad category that may include various forms of severe harm that do not necessarily constitute torture or threats to life.
Serious Harm
Generally, the harm you face must be serious. Minor risks or ordinary hardship in your country, while unfortunate, do not meet the threshold for protection. The assessment focuses on whether you personally face a substantial risk based on your individual circumstances.
How to Apply for a PRRA
The application process for a PRRA has specific requirements and procedural steps.
Before You Can Apply
Before applying for a PRRA, other remedies must first be exhausted. If the right to appeal to the Refugee Appeal Division exists, the appeal must be filed before applying for a PRRA (though the timing can be strategic). Consulting with a lawyer about the timing of a PRRA application in relation to other proceedings is advisable.
How to Submit Your Application
A PRRA application is submitted to the Immigration and Refugee Board (IRB) if you are within Canada, or to an immigration officer outside Canada. You must complete the PRRA application form and provide detailed information about the risk you face. Include all supporting evidence and documentation.
Required Documentation
- Completed PRRA application form
- Evidence of your identity
- Personal narrative explaining the risks you face
- Documentation of country conditions relevant to your risk
- Medical reports (if health-related risks are involved)
- Police records or other evidence of threats
- Expert reports on country conditions or personal risks
Fees
There is no application fee for a PRRA. However, you may incur costs if you hire a lawyer or RCIC to assist with your application.
Gathering Evidence for Your PRRA
Strong evidence is crucial to a successful PRRA application. The more compelling evidence you provide, the stronger your application will be.
Country Conditions Evidence
Document the conditions in your country that create risk. This may include human rights reports, news articles about violence, security situation assessments, or reports from organizations like the United Nations or Amnesty International. Current, detailed information about conditions is more persuasive than general statements.
Personal Circumstance Evidence
Show how the country conditions specifically affect you. If you are at risk because of gang violence, document gang presence in your area and any specific threats. If you face risk because of your medical condition, provide medical evidence and documentation about healthcare availability in your country. If you face gender-based violence, provide evidence of the prevalence and the specific circumstances that put you at risk.
Expert Reports
Expert reports can be particularly persuasive. An expert on your country's conditions, a medical expert assessing health risks, or a security expert analyzing the threat environment can provide credible evidence of the risk you face. These reports carry significant weight in PRRA applications.
Documentary Evidence
- Passports and travel documents showing return to your country is required
- Medical records and treatment documentation
- Letters from employers, community leaders, or others attesting to your vulnerability
- Police reports or incident documentation
- Communications or threats you have received
Timeline for PRRA Processing
The timeline for PRRA processing can vary significantly based on case complexity and processing volumes.
Initial Assessment
When you submit your PRRA application, it undergoes an initial assessment to ensure it is complete and eligible. This may take several weeks.
Processing Period
The substantive assessment of your PRRA can take anywhere from several weeks to several months. During this time, the decision-maker reviews all your evidence and assesses whether you have established a substantial risk on one of the PRRA grounds.
Decision Timeline
After the assessment is complete, a written decision is issued. The timeline from application to decision varies but may range from two months to over a year depending on complexity.
Impact of Removal Orders
If you have a removal order, your PRRA application may be processed more quickly, particularly if removal is imminent. Inform the decision-maker of any urgent removal date.
The PRRA Decision Process
Understanding how the PRRA decision is made can help you anticipate the assessment and prepare accordingly.
Who Makes the Decision?
If you are in Canada, a panel member from the IRB makes the decision. If you are outside Canada, an immigration officer makes the decision. Either way, the decision-maker applies the same legal criteria to assess your PRRA.
Standard of Assessment
The decision-maker must assess whether there is a substantial risk that you will be tortured, face threats to your life, or face cruel and unusual treatment if returned to your country. Substantial means the risk is significant and not speculative. The assessment is based on a balance of probabilities, it is more likely than not that the risk exists.
Individualized Assessment
The decision-maker must assess your individual circumstances, not just general country conditions. Even if your country has poor human rights, the question is whether you personally face a substantial risk based on who you are and your specific situation.
What Happens if Your PRRA Is Refused?
If your PRRA is refused, you have limited options, but some remedies may still be available.
Other Options
If your PRRA is refused, you may still have other options. A Humanitarian and Compassionate (H&C) application may be available if your circumstances demonstrate compelling and exceptional reasons to remain in Canada. You may also apply to the Federal Court for judicial review if you believe the PRRA decision was legally flawed.
Removal
If your PRRA is refused and no other applications are filed, you may be removed from Canada. You have the right to appeal or seek judicial review before removal takes effect, but this must be done promptly.
Subsequent PRRAs
You may file another PRRA if there has been a material change in circumstances since your last PRRA was assessed. Changed country conditions or changed personal circumstances may support a new PRRA application.