Sections 112 to 116 of Immigration and Refugee Protection Act (IRPA), and sections 160 to 174 of Immigration and Refugee Protection Regulations (IRPR) have provisions of Pre Removal Risk Assessment (PRRA) because Canada is committed to ensuring that people being removed from Canada are not sent to a country where they would be in danger or at risk of persecution. If you are facing removal from Canada, you may be eligible for a pre-removal risk assessment. If you made a refugee claim or you previously applied for a PRRA and your application was rejected, abandoned or withdrawn, you may not apply for a PRRA unless at least 12 months have passed. You may not apply for a PRRA if you:
- Made a refugee claim that was determined to be ineligible for referral to the Immigration and Refugee Board because you came to Canada from a safe third country;
- Were found to be a Convention refugee in another country, to which you may return;
- Are a protected person (that is, you already have refugee protection in Canada);
- Are subject to extradition (extradition is a formal request that Canada return a person to another country because they are a suspected or convicted criminal).
If you are eligible, you will be given an application form and guide. You will have fifteen (15) days to apply. If you receive the form and guide by mail, you will be given an additional seven (7) days.
At this time, your removal order will be suspended. This suspension will remain in effect until:
- You notify Immigration, Refugees and Citizenship Canada (IRCC) that you do not intend to apply for a PRRA;
- You miss the application deadline; or
- You apply for a PRRA and your application is rejected (or you have withdrawn or abandoned your application).
In support of your application, you can submit written evidence to help explain the risk that you would face if you leave Canada.
In reviewing your case, the officer will consider:
- Risk of persecution as defined in the Geneva Convention;
- Danger of torture; and
- Risk to your life or the risk that you may be subjected to cruel and unusual treatment or punishment.
Certain applications, such as those from persons who are inadmissible for serious criminality, are assessed only with respect to danger of torture and risk to life/risk of cruel and unusual treatment or punishment. For claimants from a designated country of origin, the bar on accessing a PRRA is extended to 36 months.