Pre-Removal Risk Assessment (PRRA): Your Last Chance

What Is a Pre-Removal Risk Assessment (PRRA)?

If you are facing removal from Canada, a Pre-Removal Risk Assessment (PRRA) may be your last opportunity to stay. The PRRA is a process administered by Immigration, Refugees and Citizenship Canada (IRCC) that allows individuals who are subject to a removal order to present evidence showing they would face risk if returned to their home country.

The PRRA is not a full refugee hearing. It is a more limited process that focuses on whether you would face persecution, a risk of torture, a risk to your life, or a risk of cruel and unusual treatment or punishment if you were sent back. This guide explains who is eligible, how to apply, and what you should know to give yourself the best chance of a positive outcome.

Who Is Eligible for a PRRA?

You become eligible for a PRRA when you receive a letter from IRCC inviting you to apply. This letter is typically sent when IRCC is preparing to remove you from Canada. Not everyone who receives a removal order is eligible, however.

General Eligibility Rules:

• You must be subject to a removal order that is enforceable
• You must have received a PRRA notification letter from IRCC
• If your refugee claim was rejected by the RPD or RAD, you are generally barred from applying for a PRRA for 12 months after the final decision on your claim (though this waiting period can vary)
• If you previously received a negative PRRA decision, you may face additional waiting periods before you can apply again

You May Not Be Eligible If:

• You are a citizen of a country that has been designated by the Minister and your refugee claim was rejected less than 36 months ago
• You have been found to be inadmissible on grounds of security, violating human or international rights, serious criminality, or organized criminality
• You have already been granted refugee protection

Check the IRCC website for the most current eligibility requirements.

How to Apply for a PRRA: Step by Step

Once you receive your PRRA notification letter, you have a limited amount of time to submit your application. Here is a step-by-step breakdown of the process.

Step 1: Respond to the Notification Letter

When you receive the PRRA notification letter, you must indicate within 15 days whether you intend to apply. If you do not respond, IRCC may proceed with your removal without giving you the opportunity to apply.

Step 2: Gather Your Evidence

After confirming your intention to apply, you will have a set period of time (typically 15 days, but this can vary) to submit your complete PRRA application. Your application should include:

1. A completed PRRA Application Form
2. A detailed written narrative (also called a "personal declaration" or "statutory declaration") explaining the risks you would face if returned to your home country
3. Country condition evidence (reports from organizations like the UNHCR, Amnesty International, Human Rights Watch, and government sources)
4. Any personal documents that support your claim (medical records, police reports, letters, photographs)
5. Legal submissions explaining why your evidence meets the legal test for protection

Step 3: Submit Your Application

Submit your completed application to the PRRA processing office as indicated in your notification letter. Make sure you keep copies of everything you submit and get proof of delivery if possible.

Step 4: Wait for a Decision

A PRRA officer will review your application. In most cases, the decision is made based on the written application alone. However, in some situations, the officer may decide to hold an oral hearing. You are more likely to get an oral hearing if your case involves credibility issues that the officer needs to assess in person.

What Evidence Should You Include?

The quality of your evidence is crucial to the success of your PRRA application. Here is what makes a strong application:

• Updated country conditions: If the situation in your home country has changed since your refugee hearing (or since you last applied), provide recent, credible reports documenting those changes.
• New personal circumstances: If something has changed in your personal situation that increases your risk (for example, a family member was harmed, or you became involved in political activities in Canada), document this thoroughly.
• Expert reports: If available, reports from country condition experts or medical professionals can strengthen your application.
• Objective sources: PRRA officers place the most weight on evidence from credible, independent sources. Government reports, reputable NGO publications, and media reports from recognized outlets carry more weight than personal letters alone.

Key Differences Between a PRRA and a Refugee Hearing

It is important to understand that a PRRA is not the same as a refugee hearing. Here are the main differences:

• Scope of review: A PRRA focuses specifically on new evidence and changed circumstances since your refugee claim was decided. You generally cannot simply re-argue the same case you made at the RPD.
• Decision maker: PRRA decisions are made by IRCC officers, not by IRB members. The officer reviews your file and makes a recommendation.
• No automatic hearing: Unlike the RPD, there is no automatic oral hearing in a PRRA. Most cases are decided on paper.
• Legal representation: While you can have a lawyer or consultant help you prepare your PRRA application, legal aid coverage for PRRA applications varies by province and is sometimes more limited than for refugee hearings.

What Happens After a PRRA Decision?

If your PRRA application is approved, you will be granted protected person status, which allows you to apply for permanent residence in Canada. This is a significant outcome that provides you with long-term security.

See also: How to Get Your SIN Number in Canada

See also: How to Apply for Canadian Permanent Residence

If your PRRA application is refused, your removal order becomes enforceable, and the Canada Border Services Agency (CBSA) may proceed with your removal from Canada. However, you may still have the option to apply for judicial review at the Federal Court. The deadline to file for judicial review is 15 days from the date you receive the negative PRRA decision.

Common Mistakes in PRRA Applications

Avoiding these common mistakes can significantly improve your chances of success:

• Rehashing old arguments: The PRRA officer is looking for new evidence and changed circumstances. Simply repeating what you said at your refugee hearing is unlikely to succeed.
• Missing deadlines: The timelines for PRRA applications are very short. Missing a deadline can result in your application being rejected.
• Not providing enough country condition evidence: Personal statements alone are usually not enough. Back up your claims with objective, credible, and recent country condition reports.
• Not explaining changes clearly: If circumstances have changed, clearly explain what has changed, when, and why this creates a new risk for you.
• Going without legal help: PRRA applications involve complex legal standards. If possible, get help from a lawyer, legal aid clinic, or authorized immigration consultant.

Where to Get Help

Several organizations can help you with your PRRA application:

• Legal Aid: Check your provincial legal aid program for coverage of PRRA applications.
• Community legal clinics: Many cities have legal clinics that specialize in immigration and refugee law.
• IRCC Call Centre: You can reach IRCC at 1-888-242-2100 for general information about the PRRA process.

For additional information on your options if you are facing removal, see our guide on the Refugee Appeal Division (RAD), which explains how to appeal a negative refugee claim decision.

Practical Tips for Your PRRA Application

Start preparing your PRRA application as early as possible, even before you receive the notification letter if you suspect one is coming. Collect updated country condition evidence regularly and keep a file of any new personal evidence that arises. Make sure your written narrative is clear, detailed, and well organized. If you can afford it, invest in a sworn translation of any documents that are not in English or French. Most importantly, seek legal advice early. The PRRA process has very tight deadlines and complex legal requirements, and professional guidance can make a significant difference in the outcome of your case.