Foreign Nationals under a removal Order can in certain circumstances apply for a

Pre-Removal Risk Assessment - PRRA

Section 44 IRCC CBSA Auxilium Law PC Immigration Canada

Pre-Removal Risk Assessment (PRRA)

 
Individuals who are removal ready but fear returning to their home country can be issued in certain circumstances a Pre-Removal Risk Assessment (‘PRRA’) Application.
 
The Canada Border Services Agency will serve the person with relevant forms and documentation prior to removing the person.
 
An Immigration, Refugees and Citizenship Canada (IRCC) officer will review their PRRA application using the same assessment that the Refugee Board uses to decide if they meet the definition of a Convention Refugee and/or protected person.
 

Who is not eligible for a PRRA?

 

Individuals who are going to be removed from Canada might not be eligible for a PRRA if :

  • The Safe Third Country Agreement applied to you
  • you have status in another country and you can be sent back there
  • you’re already a protected person in Canada.
  • Individuals who have claimed refugee protection in Canada, won’t be eligible for a PRRA until one year has passed from the final disposition of their matter including any application at the Federal Court.

Statutory Stay

 

If a person issued their first PRRA application and they respect the time frames setout under the rules in applying, the removal order will be temporarily stayed. This means that the person won’t be be removed from Canada until their PRRA is decided on. In certain circumstances submitting a PRRA will not pause a person’s removal order:

  • Individuals who are applying for second PRRA application,
  • PRRAs at a Port of Entry (POE) because they don’t qualify for an exception to the Safe Third Country Agreement, or
  • they have a removal order that is in force when they’re at a Port Of Entry.

If you have been issued a PRRA and would like to discuss your case over a paid consultation you may want to contact us.

Please note that this is general Information and should not be construed as legal advice.

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