Pre-Removal Risk Assessment Application
Pre - Removal Risk Assessment
Pre-Removal Risk Assessment
Facing removal from Canada is an overwhelming experience for many individuals. However, the Pre-Removal Risk Assessment (PRRA) provides a crucial opportunity for those in this situation to present their case and potentially avoid removal by outlining the risks they might face upon return to their home country
What is a Pre-Removal Risk Assessment (PRRA)?
A PRRA is an essential application process offered by the Canada Border Services Agency (CBSA) to individuals facing deportation. It allows these individuals to demonstrate the potential dangers they might encounter if removed from Canada, including risks of torture, persecution, or threats to their life. Essentially, the PRRA serves as a protective measure to ensure that no one is sent back to a situation where they would face severe harm.
Eligibility for PRRA
Eligibility for a PRRA is determined by a CBSA officer and is typically extended to those who have received a removal order. However, not everyone qualifies for this assessment. Some restrictions include:
- Individuals who have received a negative decision on a refugee claim within the past 12 months.
- Individuals who have previously had a PRRA application rejected within the past 12 months.
- Individuals who are deemed inadmissible on grounds such as security, human or international rights violations, or organized criminality.
Additionally, exceptions exist for individuals from designated countries where conditions have changed significantly, allowing them to reapply for a PRRA before the 12-month bar expires.
PRRA Application Process
The PRRA application is a two-part process:
- The PRRA application is a two-part process:
- Initial Submission: Within 15 days of receiving a PRRA notification from the CBSA, the individual must submit the PRRA form.
- Supporting Evidence: An additional 15 days are provided to submit detailed written statements and evidence demonstrating the risks they would face if removed from Canada. This evidence is critical to the application’s success and can include personal statements, medical records, legal documents, and other relevant materials.
- Key Factors Considered in a PRRA
- When assessing a PRRA application, several factors are considered to determine if the applicant faces a genuine risk:
- Personal Risk: The risk must be specific to the individual, not a general threat faced by the population.
- Ineffective State Protection: The applicant must demonstrate that they cannot receive adequate protection from the authorities in their home country.
- Widespread Risk: The risk should be prevalent throughout the country, not limited to a specific area.
- Non-Incidental Risk: The risk should not be a result of lawful sanctions or inadequate healthcare in the home country.
- When assessing a PRRA application, several factors are considered to determine if the applicant faces a genuine risk:
Importance of Timely Submission
It is crucial to adhere to the deadlines for submitting the PRRA application and supporting documents. For first-time applicants, submitting the application on time ensures a stay of the removal order, pausing the deportation process until a decision is made. Missing these deadlines can result in immediate removal without further assessment.
What Happens After Applying for PRRA?
Once the PRRA application is submitted, it will either be accepted or rejected:
- Accepted PRRA: If the application is approved, the individual will be deemed a ‘protected person’ and can apply for permanent residence in Canada under the protected person class.
- Rejected PRRA: If the application is denied, the individual must leave Canada. However, they may apply for judicial review at the Federal Court of Canada, although this does not automatically halt the removal process.
