What is a PRRA?
A Pre-Removal Risk Assessment (PRRA) is an application to Immigration, Refugees and Citizenship Canada (IRCC) requesting protection based on risks an individual would face if removed to their country of origin or previous country of residence. A PRRA allows presentation of evidence of risks that may not have been considered in a refugee claim or that have developed after the refugee claim was decided.
The PRRA is distinct from a refugee claim. A PRRA is not a refugee determination; rather, it is an assessment of whether you face risks that would be contrary to international law or Canadian values to expose you to. A PRRA focuses on the risks in the country to which you would be removed, rather than on persecution as defined in refugee law.
The PRRA is an important tool for people whose refugee claims have been denied. It provides another opportunity to establish protection before removal becomes enforceable. Understanding what a PRRA is and how it works is essential for anyone facing removal after a failed refugee claim.
Grounds for PRRA Protection
To succeed in a PRRA, establishment of one of three categories of risk if removed to the country is required. These grounds are broader than the refugee definition and protect people facing serious harm that does not necessarily constitute persecution.
Risk of Torture
The first ground for PRRA protection is a substantial risk of torture if you are removed to your country of origin. Torture is defined broadly to include severe pain or suffering inflicted intentionally by a government official or with government acquiescence. If you can demonstrate that you would likely face torture if returned, your PRRA should be approved.
Risk to Life
The second ground is a risk to your life if removed. This encompasses situations where your life would be endangered by conditions in your country, such as armed conflict, gang violence, lack of medical treatment, or other circumstances that create a genuine risk to your survival.
Risk of Cruel and Unusual Treatment or Punishment
The third ground is a risk of cruel and unusual treatment or punishment. This is a broad category that includes serious harm that does not necessarily rise to the level of torture or immediate threat to life but that would violate fundamental human rights standards. This ground captures situations where removing someone would expose them to unacceptable suffering.
International Obligation Standard
The PRRA grounds are informed by international human rights obligations to which Canada is committed, including the Convention Against Torture. This means that the standard for what constitutes a risk worthy of protection is informed by international law and human rights principles.
Who Can Apply for a PRRA?
Not everyone is eligible to apply for a PRRA. There are specific categories of people who can apply and specific circumstances in which a PRRA is available.
People with Rejected Refugee Claims
The most common PRRA applicants are people whose refugee claims have been rejected. If your claim was refused by the Immigration and Refugee Board (IRB), you can apply for a PRRA. You have the right to apply for a PRRA even if you have also appealed to the Refugee Appeal Division (RAD).
People Subject to Removal Orders
You can apply for a PRRA if you have a removal order that has been issued against you. The PRRA is a way to prevent the enforcement of a removal order by establishing that removal would expose you to risks.
Exclusions from PRRA
Some people are not eligible to apply for a PRRA. These exclusions include people who have been found to be security risks, people convicted of serious crimes, and people who have committed crimes against humanity or war crimes. If you are excluded, you cannot apply for a PRRA.
Time Limits
There are time limits for applying for a PRRA. Generally, the application must be submitted before a removal order is enforced. If an individual has already been removed from Canada, application for a PRRA from outside the country is not possible.
When to Apply for a PRRA
Timing is important when applying for a PRRA. Understanding when application should occur and what deadlines exist is critical for protecting rights.
After Refugee Claim Dismissal
Application for a PRRA is possible after a refugee claim has been rejected. Application as soon as possible after receiving a dismissal decision is advisable, as timing is important for establishing that the application is being made in a timely manner.
Before Removal
Most importantly, the PRRA application must be submitted before removal from Canada. Once removed and outside Canada, application for a PRRA is not possible. Submission before a removal order is enforced is essential.
While Appeal is Pending
Filing of a PRRA application is possible while a Refugee Appeal Division (RAD) appeal is pending. Filing a PRRA does not prevent pursuit of an appeal and vice versa. Many individuals pursue both options simultaneously to maximize chances of remaining in Canada.
New Information
When new information about risks in the country has emerged since the refugee hearing, inclusion of this information in the PRRA is advisable. New country condition evidence or personal circumstances that have changed since the hearing should be presented to the PRRA officer.
How to Apply for a PRRA
Applying for a PRRA involves completing specific forms and submitting them to Immigration, Refugees and Citizenship Canada (IRCC) through the appropriate office.
Application Forms
Applicants must complete the PRRA request form (Form IMM 0093) and related forms. These forms ask for biographical information, details about the applicant's background, immigration history, and information about the risks they would face if removed. The forms are available on the IRCC website.
Where to Submit
The PRRA application should be submitted to the IRCC office that handled the refugee claim or that has jurisdiction over the case. IRCC will provide instructions about where to submit the application. Using the correct office to avoid delays is important.
Supporting Documentation
The PRRA application must be accompanied by supporting evidence of the risks an individual would face. This should include country condition reports, personal documentation, expert evidence if available, and any other evidence that supports the claim of risk.
Legal Representation
Having legal representation for a PRRA is highly advisable. A lawyer can help with preparing the application, gathering evidence, and presenting the case effectively. When legal representation is not available, seeking assistance from a legal clinic or advocacy organization is advisable.
Evidence and Documentation
The quality and comprehensiveness of your evidence significantly affects the outcome of your PRRA. Understanding what evidence to gather and how to present it is important for success.
Country Condition Evidence
Country condition evidence is crucial for a PRRA. This includes reports from human rights organizations, news articles, United Nations reports, and government country assessments that document conditions in your country. This evidence should support your claim that you would face risks if returned.
Personal Documentation
Personal documentation relevant to your situation should be included, such as medical records if you have a health condition that would be exacerbated by removal, employment records, educational documents, or evidence of your establishment in Canada.
Expert Evidence
Expert evidence can be valuable in a PRRA. This might include reports from country experts, medical experts, psychological experts, or others with specialized knowledge relevant to your case. Expert evidence can strengthen your application but involves additional costs.
Original Refugee Hearing Evidence
The PRRA assessment considers all evidence from the refugee hearing. If strong evidence was presented at the hearing that was not adequately considered, highlighting this evidence in the PRRA and explaining how it supports the claim is advisable.
Stay of Removal While PRRA Pending
One of the most important aspects of a PRRA application is the potential to obtain a stay of removal, which halts enforcement of a removal order while your application is being considered.
Automatic Stay Not Provided
Filing a PRRA application does not automatically stop a removal order from being enforced. The Canada Border Services Agency (CBSA) may proceed with removal unless you obtain a stay.
Requesting a Stay
Request for a stay of removal is possible while a PRRA is pending. A stay request can be made to IRCC with the PRRA application. In the stay request, demonstration of a serious issue to be decided in the PRRA is required, along with evidence that irreparable harm would result from removal while the PRRA is pending.
Federal Court Review
When IRCC denies a stay request, seeking judicial review from the Federal Court of Canada is possible. The court can issue a stay of removal while a PRRA is being assessed. This is an important safeguard against removal while the application is pending.
Expedited PRRA Processing
Expedited processing of a PRRA by IRCC is possible if an individual is in immediate danger of removal. When facing imminent removal, informing IRCC and requesting expedited processing of the PRRA and any stay request is advisable.