Apply for Refugee Protection through PRRA

Those who are subject to removal orders or are named in security certificates may resort to another process called Pre-Removal Risk Assessment (PRRA) to apply for refugee protection. Anyone who has failed in their refugee claim or some of those who do not meet the eligibility for claiming for refugee protection may also apply for PRRA as long as they are not exceptions defined in the law. PRRA applications are not handled by the Refugee Protection Division, but by the Minister of Citizenship and Immigration Canada. Usually a person can apply for PRRA when he/she is given notification an officer that he/she may make such an application; if the person applies with 15 days of such notification, his/her removal order will be stayed until a negative decision on his/her application. When a removal order is made at a point of entry, a PRRA application must be made as soon as possible together with any submission without notification by an officer though such an application does not stay a removal order. PRRA applications may be made repeatedly without notification though a repeated application does not stay a removal order.

An PRRA applicant whose refugee protection claim has been rejected may present only new evidence that arose after the rejection, was not available or could not be presented at the time of the rejection.

There is usually no hearing for PRRA unless the Minister is of the opinion that there is evidence that raises a serious issue of the applicant's credibility, that is central to the PRRA decision and that justifies a positive decision.

For some applicants (those who are named in a security certificate, those who are excluded from refugee claim by Refugee Protection Division due to a crime against peace, a war crime, a crime against humanity, a serious non-political crime or acts contrary to the purposes and principles of the United Nations or those who are inadmissible on grounds of security, violating human or international rights, organized criminality or serious criminality with serious criminality defined as, for a conviction in Canada, punished with an actual sentence of at least two years and, for a conviction outside Canada, punishable with a maximum sentence of at least 10 years if convicted in Canada.), PRRA considerations will be based on the definition of a person in need of protection in the law and if they are danger to the public in or the security of Canada. Before a decision for this type of applicants, the Minister will make an assessment for the applicant to respond within 15 days. Any positive decisions are restricted to staying their removal orders, which may be cancelled if circumstances have changed.

Otherwise, PRRA considerations will be based on the definitions of a Convention refugee and a person in need of protection in the law and any positive PRRA decisions will confer refugee protection on the applicant, which can then apply for permanent resident status.

PRRA protection may be vacated if a positive decision was obtained as a result of directly or indirectly misrepresenting or withholding material facts on a relevant matter.

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