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

Title: How to Understand the Provisions and Rules of Pre-Removal Risk Assessment (PRRA)

Pre-Removal Risk Assessment (PRRA) is a provision in immigration law that protects certain individuals from being removed from the country if they could face danger, torture, or risk to their lives in the country to which they’re being deported. Understanding its rules and provisions can be complex, but here’s a step-by-step guide to help you understand:

Step 1: Understand What PRRA Is

PRRA is an opportunity for persons who are facing removal from Canada to seek protection by describing the risks they would face if removed. It is not a new refugee claim, but rather an assessment undertaken by an officer of the Canada Border Services Agency (CBSA) or Immigration, Refugees and Citizenship Canada (IRCC).

Step 2: Learn Who Can Apply

People can apply for PRRA when they have received a removal order from Canada. This includes failed refugee claimants and certain people who are inadmissible to Canada for reasons of security, violating human or international rights, serious criminality or organized crime. However, some people are barred from applying for PRRA for one year after their final negative decision from the Refugee Protection Division or Refugee Appeal Division.

Step 3: Understand the Risk Factors

PRRA considers risks such as persecution, torture, cruel or unusual punishment and risk to life. The decision-maker will consider whether there is more than a mere possibility that you would face one of these risks if you were removed.

Step 4: Learn About the Application Process

Applications for PRRA are usually made in writing. You must provide all evidence you want considered with your application. Unlike a refugee claim, there is no hearing. The decision is based on the documents submitted.

Step 5: Know How to Appeal

If your PRRA is denied, you may apply for judicial review of the decision at the Federal Court of Canada. However, a negative PRRA decision does not affect removal orders which means you could still be removed before your judicial review is heard.

Step 6: Understand What Happens After Approval

If you are accepted, you become a protected person and may apply for permanent residence.

Step 7: Get Legal Help

Immigration law can be complex. Get advice from a lawyer or accredited immigration consultant who is familiar with PRRA.

This process can be complicated, time-consuming, and emotionally challenging. It’s crucial to remember that each case is unique and what works for one person might not work for another. Therefore, it’s recommended to seek the help of professionals who have a deep understanding of immigration law to help you navigate and understand the provisions more effectively.