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Pre-Risk Removal Assessment

Pre-Risk Removal Assessment

The Pre-Removal Risk Assessment (PRRA) is a legal mechanism under the Immigration and Refugee Protection Act (IRPA) that allows individuals facing deportation to present written submissions outlining the specific risks they would encounter if removed from Canada. If successful, the applicant may be granted protected person status, which could lead to eligibility for permanent residence.

Facing removal from Canada can be an overwhelming experience, but individuals in this situation may have the opportunity to seek protection through a Pre-Removal Risk Assessment (PRRA). This process is a crucial legal safeguard designed to prevent the removal of individuals who may face persecution, torture, or serious harm in their country of origin.

Who is eligible for PRRA?

Not everyone facing removal qualifies for PRRA. The Canada Border Services Agency (CBSA) will issue a notification regarding a Pre-Removal Risk Assessment to those eligible. However, certain individuals may be barred from applying, such as those:

  • Who had a refugee claim or PRRA application rejected within the past 12 months (exceptions apply for certain countries experiencing sudden deterioration in conditions).
  • Who have been deemed inadmissible due to serious criminality, security concerns, human rights violations, or organized crime.

What are the key grounds for PRRA approval?

A PRRA application is assessed based on the following risks:

  • Risk of Persecution: The applicant must establish a well-founded fear of persecution in their home country due to their race, religion, nationality, political opinion, or membership in a particular social group.
  • Risk of Torture: The applicant must demonstrate that their return would subject them to torture as defined under international conventions.
  • Risk to Life or Cruel and Unusual Treatment or Punishment: This applies if:
    • The risk exists throughout the country of return.
    • The applicant cannot obtain protection from their government.
    • The risk is not a result of lawful sanctions under international human rights standards.

How does the PRRA application process work?

Submission of Application

Once an individual receives a Notification Regarding a PRRA, they must file the Application for a Pre-Removal Risk Assessment (IMM 5508) along with any supporting evidence. The application can be submitted online through Canada Post’s Connect or by mail to Immigration, Refugees and Citizenship Canada (IRCC).

2. Providing Supporting Evidence

A compelling PRRA application requires strong documentary evidence, which may include:

  • News articles and human rights reports describing conditions in the country of origin.
  • Affidavits or testimonies from individuals with direct knowledge of the applicant’s situation.
  • Police or medical reports confirming threats or harm experienced by the applicant.
  • Legal documents, such as court records or arrest warrants, indicating state persecution.

3. Risk Assessment and Decision

The IRCC officer reviewing the PRRA will assess all submitted materials and may also refer to publicly available sources such as United Nations Human Rights Reports, Amnesty International Reports, and U.S. State Department Human Rights Reports.

In rare cases, the applicant may be required to attend an oral hearing if credibility concerns arise or if additional clarifications are needed.

4. Outcome of the PRRA

  • If approved, the applicant will be granted protected person status and may apply for permanent residence.
  • If denied, the individual will be required to leave Canada. In certain cases, judicial review by the Federal Court of Canada may be an option.

How does the PRRA impact removal orders?

Stay of Removal

  • A first-time PRRA applicant benefits from an automatic stay of removal, meaning deportation is suspended while the application is under review.
  • If this is a subsequent PRRA application, or if the application is submitted late or at a port of entry, there is no automatic stay of removal.

Is legal representation important in the PRRA process?

The PRRA process is highly complex and requires a thorough understanding of immigration law, risk assessment criteria, and relevant case precedents. Recent Federal Court rulings have emphasized the importance of credible evidence and well-documented country conditions in determining PRRA success.

At Kahlon Law Office, we provide strategic legal representation to individuals facing removal from Canada. Our team assists in preparing comprehensive PRRA applications, gathering strong supporting evidence, and advocating for clients before IRCC and the Federal Court when necessary.

What should you do if you receive a PRRA notification?

If you have received a notification regarding a Pre-Removal Risk Assessment, time is critical. Contact Kahlon Law Office today for a consultation to discuss your legal options and build a compelling case for your protection in Canada.

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