The last review before removal (PRRA)

Protection that may still be available after a refugee claim is refused or found ineligible

The pre-removal risk assessment, commonly called a PRRA, allows certain people facing a removal order to have the risks they would face on returning to their country assessed.

This remedy may be available in particular where a refugee claim has been rejected by the Refugee Protection Division (RPD), or where it was found ineligible and was therefore never referred to the RPD.

The purpose of a PRRA is to determine whether removal would personally expose the applicant to persecution, to torture, to a risk to their life, or to cruel and unusual treatment or punishment.

Acting as soon as an unfavourable decision arrives

If your refugee claim is rejected by the RPD or found ineligible, contact our team as quickly as possible, ideally before you are summoned by the CBSA.

Starting early allows us to review the decisions already made, to assess whether you are eligible for a PRRA, to identify the evidence that will be needed, and to begin preparing the file before the official time limits start to run.

Once the CBSA hands you the PRRA documents, the time available is very short. Consulting us in advance gives us more time to prepare an application that is complete, rigorous and supported by relevant evidence.

If you have received a negative decision on your refugee claim, contact our team quickly so that your situation and the remedies that may be available can be assessed.

Who can apply for a PRRA?

As a general rule, a PRRA application is not made on one's own initiative. When the Canada Border Services Agency (CBSA) begins the removal process, an officer checks whether the person is eligible and, where they are, hands them the application form together with the applicable instructions.

Very short time limits

Once the CBSA confirms that the applicant is eligible and hands them the PRRA documents, the application must generally be received within:

• 15 days from the delivery of the form and the instructions

These time limits are short and must be observed strictly. An application filed late may not suspend the enforcement of the removal order.

Where it is a first PRRA application filed within the applicable time limit, the removal order is generally suspended while the file is examined. That protection does not necessarily apply to a late or subsequent application, however.

The evidence to be presented

The evidence required depends on the applicant's earlier path.

Where a refugee claim has already been rejected by the RPD, it is not enough to present the same facts and documents again. The applicant must generally file evidence that:

• arose after the previous decision
• was not reasonably available at the time of that decision
• or that it would not have been reasonable to expect them to have presented earlier

Where the refugee claim was found ineligible and was never examined by the RPD, the PRRA application must set out in full the personal risks the applicant would face on return.

The evidence may include, among other things:

• a detailed personal statement
• written testimony
• relevant medical documents
• court documents, where there are any
• relevant letters or correspondence
• recent and reliable information on conditions in the country of origin

The documents must establish a clear link between the general situation in the country and the personal risks the applicant relies on.

How is the application assessed?

A PRRA is generally assessed on the written file. A hearing may nonetheless be held where evidence raises a serious issue as to the applicant's credibility, where that evidence is central to the assessment of the application, and where accepting it could justify granting protection.

The officer examines in particular:

• the nature of the risks relied on and how current they are
• the applicant's personal situation
• the submissions and evidence filed in the PRRA
• any changes since the earlier decisions
• whether protection is available from the authorities of the country
• whether there is a place where the applicant could reasonably live in safety

The submissions and the evidence must therefore be clear, detailed, precise and tied directly to the applicable legal criteria.

The decision

Where the application is granted, the applicant generally obtains protected person status and may then apply for permanent residence.

Different rules may apply, however, in certain files raising issues of inadmissibility or exclusion.

Where the application is refused, the removal order may be enforced. The decision can be challenged by way of an application for leave and judicial review before the Federal Court.

Filing that remedy does not automatically suspend the removal. Where a removal is imminent, a separate stay request may have to be brought before the Federal Court.

How we can work with you

Preparing a PRRA application calls for rigorous analysis of the earlier decisions, of the current risks, and of the evidence that is admissible.

Our team can in particular:

• check whether you are eligible and what time limits apply
• review the RPD decision or the ineligibility decision
• analyse the steps and remedies already taken
• identify the relevant and admissible evidence
• document the changes in your situation or in your country
• prepare the form, the statements and the written submissions
• organize and present the supporting documents
• represent you at a hearing, where one is held
• challenge a negative decision before the Federal Court
• bring a stay request where a removal is imminent