PRRA (Pre-Removal Risk Assessment) is a process used by the Canadian government to determine if a person facing deportation or removal from Canada would face a risk of harm in their home country if they are returned. It is a process designed to assess whether there are new grounds for protection or reasons why a person should not be removed from Canada, such as fears of persecution, torture, risk to life, or cruel and unusual punishment.

The PRRA is available to certain individuals who are subject to removal from Canada, and it allows them to present evidence about the risks they face if returned to their country of origin.

Who is Eligible for a PRRA?

A person is eligible for a PRRA if:

1. They are not a Canadian citizen or permanent resident.
2. They are subject to a removal order (this could be because they overstayed a visa, failed to comply with immigration laws, or their PR status was revoked).
3. They are in Canada, and a removal order has been issued against them.
4. They have not previously had a PRRA decision in the last 12 months. Generally, a person can apply for a PRRA once every 12 months.

Note: PRRA is typically only available to people who are already in Canada and are at risk of being removed, but it does not apply to individuals who:

• Are in detention pending deportation.
• Have been removed or deported already.
• Are eligible to claim asylum through the refugee protection process (i.e., they can make a claim for refugee protection instead of going through the PRRA).

Grounds for PRRA

The PRRA is a risk assessment to determine whether a person could face any of the following risks upon removal from Canada:

1. Risk of Persecution: If the person faces a well-founded fear of being persecuted in their home country due to reasons like race, religion, nationality, membership in a particular social group, or political opinion.
2. Risk of Torture: If the individual would likely be subjected to torture upon their return to their home country.
3. Risk to Life: If there is a substantial risk to the person’s life due to ongoing conflict or violence in their home country.
4. Risk of Cruel and Unusual Punishment: If the individual faces cruel, inhuman, or degrading punishment, such as corporal punishment, harsh imprisonment conditions, or other forms of severe mistreatment.

The PRRA Process

1. PRRA Application Submission:
   • If a person is facing removal from Canada and believes that they are at risk in their home country, they can submit a PRRA application to Immigration, Refugees and Citizenship Canada (IRCC).
   • The applicant must fill out the appropriate forms and submit any supporting evidence or documents to show why they believe they would face harm upon returning to their country. This could include:
     • Personal testimony of persecution.
     • Evidence of country conditions (e.g., news articles, reports from human rights organizations).
     • Documentation of any threats or harm the person has faced in the past.
2. PRRA Officer’s Decision:
   • A PRRA officer will review the application, taking into account the evidence presented by the individual as well as any relevant information about the situation in the person’s home country.
   • The officer will assess whether there is a risk of persecution, torture, or harm. If the officer determines that the individual would face such a risk, the removal order may be suspended or canceled, allowing the person to stay in Canada.
   • If the officer determines that there is no risk, the removal order will be enforced, and the person will be deported from Canada.
3. Processing Time:
   • The processing time for a PRRA can vary. On average, the process might take several weeks to a few months. During this time, the individual may stay in Canada, although they could be subject to detention or other restrictions.
4. Negative PRRA Decision:
   • If the PRRA is denied, the person may still have other avenues to appeal or challenge the decision:
     • Federal Court: If the PRRA decision is negative, the individual may be able to apply for judicial review at the Federal Court if they believe the decision was made in error.
     • Further Protection Claims: The person could explore other options such as applying for a humanitarian and compassionate application to remain in Canada or claim refugee protection if they haven’t already.
5. PRRA and Detention:
   • If a person is detained while awaiting their PRRA decision, they can request to be released from detention while their PRRA application is processed. This request is made to the Canada Border Services Agency (CBSA) or the Immigration and Refugee Board (IRB).
6. Outcome of PRRA:
   • If approved: The person’s removal order is suspended, and they may remain in Canada, often on the grounds of refugee protection.
   • If denied: The person is subject to the enforcement of the removal order and may be deported from Canada.

Important Considerations

• Legal Assistance: It is highly recommended that individuals applying for a PRRA consult with a lawyer or immigration consultant to assist with the application process, especially in presenting evidence to support the claim of risk.
• Humanitarian and Compassionate Grounds: If the PRRA is denied, there may still be an option to apply for humanitarian and compassionate grounds to stay in Canada.
• Re-entry to Canada: If an individual is removed from Canada following a negative PRRA decision, they may face restrictions on re-entering Canada in the future.

PRRA vs. Refugee Claims

• The PRRA process is different from a refugee claim. A refugee claim can be made at any time and is typically made when a person first arrives in Canada, whereas the PRRA is only available to people who are already in Canada and facing a removal order.
• Refugee claimants must show they are at risk of persecution based on specific grounds such as race, religion, or political opinion, while the PRRA looks at general risk factors, including the possibility of torture, threat to life, or cruel treatment.

Conclusion

The Pre-Removal Risk Assessment (PRRA) is an important process that allows individuals facing deportation from Canada to present evidence of the risks they may face if returned to their home country. The PRRA is available to people who have been issued a removal order and who are in Canada, and it gives them a chance to avoid deportation if they can prove that they would face serious harm if they were sent back to their country of origin.

The PRRA process can be complex, so individuals seeking to apply for a PRRA should seek legal advice and assistance to ensure they present a strong case and have the best chance of success.

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