Pre Removal Risk Assessment Applications
Pre Removal Risk Assessment Applications, otherwise referred to as PRRA, is a mechanism by which the Canadian laws and regulations try to prevent the deportation of persons whose lives are in danger or who face persecution, torture, cruel or unusual treatment or punishment in their home country or the country of deportation.
Under section 112 of the Immigration and Refugee Protection Act, a person who is under an enforceable removal order can apply for Pre-Removal Risk Assessment. Generally speaking, refugee claimants who have had their refugee claims rejected can take advantage of the PRRA process and apply for Pre Removal Risk Assessment. The application form will be sent to them or hand-delivered in a PRRA interview once they are eligible. This does not, however, mean that only failed refugee claimants are eligible to apply for PRRA. A person who is asked to leave Canada is generally issued a removal order and once the removal order becomes enforceable, the person may apply for PRRA. For further information see Are You Eligible for PRRA? section of our website.
During the Pre-Removal Risk Assessment process, an officer will evaluate the danger to the person’s life or the possibility of persecution based upon the evidence relating to the person’s case. The applicant is therefore given a chance to submit any evidence that demonstrates the risk to life or the possibility of persecution, torture and/or cruel punishment. The submission of the evidence, however, is subject to strict and complicated evidentiary rules and regulations limiting the allowable evidence to what can be demonstrated to be “new evidence” as defined by the governing regulations and case law. You are encouraged to make written submissions explaining your circumstances and explaining how the evidence that is submitted relates to your circumstances personally.
If applicable to your circumstances (failed refugees) You can also explain how the evidence was not available to you previously, for example, in your refugee hearing. The submission of the correct and strong evidence accompanied by compelling written submissions, are therefore the most important and crucial step in the process and the applicant must therefore make all efforts in making sure that the evidence s/he submits will not be excluded by the evaluating officer. In some special cases where the credibility of the evidence is in issue, the applicant may be called to attend for a personal interview. Advice from an experienced refugee lawyer is therefore of outmost importance.
The Pre Removal Risk Assessment Application (PRRA), subject to certain details, stops the deportation and the removal proceedings automatically until the applicant informs the CIC of his/her intention not to apply or to proceed with the application, withdraw it, or until a negative decision is given and the PRRA is refused. The applicant is given 15 days to submit his application first and another 15 days to submit the supporting documentation.
To obtain further information and to take advantage of our free half hour initial consultation, please contact our office at (416) 365-9473.