A Pre-Removal Risk Assessment (“PRRA”) is a process that allows certain individuals facing removal from Canada to ask for protection before they are removed.

A PRRA is intended to assess whether a person would face a risk of persecution, torture, risk to life, or cruel and unusual treatment or punishment if returned to their country.

Gerami Law PC assists clients with PRRA applications, urgent PRRA deadlines, preparation of supporting evidence and submissions, requests for oral hearings where appropriate, and related litigation before the Federal Court.

Who Cannot Apply for PRRA

Not everyone facing removal from Canada is eligible to apply for a PRRA. Eligibility depends on several factors, including:

  • prior refugee claims or PRRA applications;
  • the timing of previous immigration proceedings;
  • the country of removal;
  • statutory bars and exemptions; and
  • recent legislative changes affecting refugee eligibility and protection processes.

In some situations, individuals may receive a PRRA application package from the Canada Border Services Agency (“CBSA”) shortly before removal proceedings move forward.

The Government of Canada explains that a PRRA assesses whether a person would face certain risks if removed from Canada. (canada.ca)

PRRA and Refugee Protection

A PRRA is different from a refugee hearing before the Refugee Protection Division (“RPD”).

Unlike a refugee hearing, a PRRA is generally a paper-based process conducted by an immigration officer. In some cases, an oral hearing may be granted, particularly where credibility issues arise or where there is important evidence that requires clarification.

PRRA applications often require detailed documentary evidence and carefully prepared legal submissions addressing:

  • country conditions;
  • personalized risk;
  • state protection;
  • internal flight alternative (“IFA”);
  • credibility concerns;
  • new evidence; and
  • changes in circumstances since previous immigration proceedings.

New Evidence and Changed Circumstances

PRRA applications often focus on new developments that arose after earlier immigration proceedings or evidence that was not previously available.

This may include:

  • updated country-condition evidence;
  • new threats or incidents;
  • political or religious activities;
  • medical or psychological evidence;
  • evidence relating to gender-based violence or family violence;
  • risks connected to sexual orientation or gender identity; or
  • changes in the applicant’s personal circumstances or country conditions.

Careful preparation is important to explain why the evidence is new, credible, and relevant to the risk assessment.

PRRA Hearings

While many PRRA applications are decided without a hearing, an oral hearing may sometimes be required where there are significant credibility concerns or where fairness requires that the applicant be given an opportunity to respond to concerns directly.

Preparing for a PRRA hearing may involve:

  • reviewing previous refugee or immigration records;
  • preparing updated evidence;
  • addressing inconsistencies or credibility concerns;
  • preparing witness evidence; and
  • detailed hearing preparation.

PRRA and Removal Proceedings

PRRA applications often arise in urgent circumstances where a person is facing removal from Canada.

Strict deadlines may apply for filing evidence and submissions. Missing deadlines or submitting incomplete materials can have serious consequences.

In some cases, parallel legal remedies may also need to be considered, including:

  • applications for leave and judicial review;
  • stay of removal motions;
  • humanitarian and compassionate applications; or
  • other immigration processes.

Bill C-12 and Changes to Refugee Eligibility

Recent legislative changes have introduced new refugee eligibility restrictions for certain individuals making refugee claims after specific timelines or after certain types of entry into Canada. In some cases, affected individuals may no longer have access to a full refugee hearing before the Refugee Protection Division and may instead be directed toward a PRRA process.

These changes can involve complex legal and procedural issues, particularly where there are questions regarding retroactivity, procedural fairness, timing of entry into Canada, or prior refugee proceedings.

How We Can Help

Gerami Law PC assists clients with:

  • PRRA eligibility assessments;
  • preparation of PRRA applications and submissions;
  • gathering and organizing supporting evidence;
  • preparation of medical, psychological, and expert evidence where appropriate;
  • requests for oral hearings;
  • preparation for PRRA hearings;
  • urgent removal-related matters;
  • Federal Court litigation related to PRRA decisions; and
  • strategic advice regarding parallel immigration remedies and protection options.

PRRA matters are often urgent and involve strict deadlines. Early legal advice is important, particularly where removal proceedings are ongoing or where complex refugee eligibility issues may arise.

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