Many persons facing removal from Canada are given the opportunity to apply for a Pre-Removal Risk Assessment (PRRA). Generally speaking, you may not apply for a PRRA unless the Canada Border Services Agency (CBSA) has notified you that you may do so, and given you a Notification Regarding a Pre-Removal Risk Assessment. If eligible and you wish to apply, you must submit your application form and written submissions (if any) to the Immigration, Refugees and Citizenship Canada (IRCC) Humanitarian Migration office either online through Canada Post’s Connect or by mail at the address listed in your Notification.
What is a Pre-Removal Risk Assessment (PRRA)?
A Pre-Removal Risk Assessment is a vital process that evaluates whether an individual being removed from Canada would encounter dangers such as torture, persecution, or risks to life or cruel treatment. This opportunity is generally extended to those who have received a removal order from the Canada Border Services Agency (CBSA).
How a PRRA Can Help:
The PRRA serves as a platform for individuals facing removal to describe in writing the risks they anticipate upon returning to their home country. If the PRRA application is approved, it can lead to a stay in Canada, allowing individuals to remain in the country.
Initiating the PRRA Application:
To apply for a PRRA, you must complete and submit the form, Application for a Pre-Removal Risk Assessment (IMM 5508). All of your family members in Canada who are 18 years of age or older and who are also applying for a PRRA must complete their own Application for a Pre-Removal Risk Assessment (IMM 5508) form. Make photocopies of the form so that each person has both a working and a final copy. The application involves submitting the required forms and written submissions, either online through Canada Post’s Connect or by mail to the Immigration, Refugees and Citizenship Canada (IRCC) Humanitarian Migration office.
Assessment Criteria:
The assessment primarily focuses on determining whether the applicant would personally face a danger of torture, risk to life, or cruel treatment or punishment in their home country. Factors such as the inability to seek protection, facing the risk throughout the country, and the absence of legitimate sanctions are considered. Alternatively, applicants may qualify based on a well-founded fear of persecution due to factors like race, religion, nationality, political opinion, or social group membership.
New Evidence:
New evidence is evidence that arose after the rejection, or that was not normally accessible, or that you could not reasonably have been expected in the circumstances to have presented at the time of rejection. It is important that you clearly identify and explain new evidence in any documents you submit (for example, highlighting certain parts of a magazine article).
Stay of Removal Order:
For first-time PRRA applicants, a stay of the removal order is granted, suspending the arrangements for removal during the processing of the application. It is imperative to submit the application within the specified deadlines to maintain this stay.
Work during PRRA application:
If you have a valid work permit, and you submit your PRRA application by the deadline on the enclosed Notification Regarding a Pre-Removal Risk Assessment, you can work until a decision is made on your application, or the date on which your permit expires, whichever occurs first.
Second PRRA Application:
If it’s not the first PRRA application, or if submitted late or at a port of entry, there is no automatic stay of the removal order.
Voluntary Departure:
Individuals not wishing to apply for a PRRA and opting for voluntary departure must complete the ‘Statement of No Intention’ section in the application form and report to the CBSA office as per the instructions in the notification.
Documentary Evidence:
Various documents, such as articles, legal papers, police records, medical documents, personal statements, and letters, can be submitted as evidence to support the PRRA application.
12-month Bar from applying for a PRRA:
Individuals who made a refugee claim or who previously applied for a PRRA and whose application was rejected, abandoned or withdrawn must wait one year before applying. There is an exception – in some cases, if conditions in your home country change suddenly, you might be allowed to apply before 12 months, or you are from a tax-exempt country. The Canada Border Services Agency (CBSA) officer handling your case will determine if you qualify for an early PRRA application.
Note: If you leave Canada during the PRRA processing, your application will be declared abandoned, and as a result, it will be rejected.
Contact Us
- Suite 1500, 4 Robert Speck Parkway Mississauga, ON L4Z 1S1
- +1 (905)-805-2266
- pelicanlawcanada@gmail.com