How-To Understand and Navigate the Provisions and Rules of Pre-Removal Risk Assessment (PRRA)

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Pre-Removal Risk Assessment (PRRA) is a system in place for individuals facing removal from Canada. The process allows them to apply for protection if they believe they’ll be at risk, such as torture, cruel treatment, or a threat to their life if they return to their home country. Understanding and navigating the PRRA provisions can be complex; the following step-by-step guide aims to simplify this process.

Step 1: Understand the Purpose of PRRA

Understand that PRRA offers protection to those facing a real risk in their native country. It is not an immigration system nor a chance to delay deportation but a safeguard to ensure no one is sent back into a dangerous environment.

Step 2: Know if you are eligible for PRRA

Generally, those who aren’t eligible for PRRA are claimants from Safe Third Countries, people with refugee status in another country to which they can return, individuals who are subject to extradition, etc. Ensure you confirm your eligibility before proceeding.

Step 3: Fill out the PRRA Application

The application form contains sections requesting personal information, reasons for applying, relatives’ details, etc. Fill it out in detail and truthfully. Any false information can lead to rejection and penalties.

Step 4: Gather Necessary Documents

Relevant documents like birth certificates, identification papers, and evidence supporting your claims must be obtained. The supporting evidence may include country reports, news articles or human rights reports indicating the risk you’ll face if deported.

Step 5: Legal Representation

It is advised to hire a legal representative who specializes in immigration law. They can help assess your circumstances, prepare your application and represent you throughout the process.

Step 6: File the Application

Once the forms are filled out and necessary documents gathered, the application can be filed with ‘Canada Border Services Agency’ (CBSA) or ‘Immigration, Refugees and Citizenship Canada’ (IRCC).

Step 7: Wait for the Review

After submission, an officer will review your application and make a decision. During this time, you can’t be removed from Canada.

Step 8: Decision

If your risk is not accepted, deportation orders may proceed. If accepted, your removal order may be stayed, and you may receive temporary resident status. In some cases, you might get referred to Refugee Protection Division for more assessment.

Step 9: Appeal Process

If your application is denied, it may be possible to apply for judicial review at the Federal Court within 15 days of receiving the decision. It’s recommended that you consult with a lawyer on this.

By following these steps, you will have a structured approach in navigating the PRRA process. However, every situation can be unique and while this guide strives to cover general aspects, it doesn’t replace personalized legal advice.

Always consider seeking help from immigration consultants, lawyers, or non-profit organizations that help immigrants and refugees understand their rights and options.