Are You Eligible for PRRA

Under section 112 of the Immigration and Refugee Protection Act, a person who is under an enforceable removal order is eligible for a Pre Removal Risk Assessment Application and can apply for PRRA. Generally speaking, and subject to certain restrictions, refugee claimants who have had their refugee claims rejected can take advantage of the PRRA process and apply for Pre Removal Risk Assessment. Certain people, however, are not eligible for pre removal risk assessment if:

• Your claim cannot be referred to Refugee Protection Division (RPD) of the Immigration and Refugee Board (IRB) because you came from a Safe Third Country, i.e., United States. That is, if you made a refugee claim and your claim was decided not to be eligible for referral to the Refugee Protection Division;
• You are subject to extradition proceedings under the section 15 of the Extradition Act;
• If you have been already recognized as a Convention refugee by a country to which you can be returned or if you have already been recognized as a protected person;
• If you are a person who has not left Canada since the rejection of your application for protection and certain amount of statutorily prescribed time has not expired;
• If you are a repeat refugee claimant who has left Canada but less than six months have passed since you left Canada after your claim to refugee protection was determined to be ineligible, abandoned, withdrawn or rejected, or your application for protection was rejected.

Some of the above determinations are obviously complicated determinations which can only be made after a thorough review of your actual circumstances. You are therefore urged not to make the determination without first seeing and seeking legal advice from a qualified refugee lawyer.

To obtain further information and to take advantage of our free half hour initial consultation, please contact our office at (416) 365-9473.