PRRA – Pre-Removal Risk Assessment

A Pre-Removal Risk Assessment (PRRA) is one of the most critical last-resort protections for individuals facing removal from Canada. PRRA is intended to prevent the deportation of persons who would face persecution, torture, risk to life, or risk of cruel and unusual treatment or punishment in their home country. Governed primarily by IRPA ss.112–114, the PRRA mechanism operates as a safeguard that ensures Canada does not violate its domestic or international obligations, including those under the Convention Against Torture and the 1951 Refugee Convention. Let's have an in-depth, practitioner-level review of PRRA eligibility, risk assessment criteria, exemptions, evidence requirements, legal strategy, and judicial review considerations.

A PRRA is not a full refugee hearing. It is a paper-based assessment with a narrower scope than the Refugee Protection Division (RPD) process. Because of this, the evidentiary burden is high, the legal standards are strict, and the timing is urgent—PRRA requests are made when the individual is already facing imminent removal. Strong legal advocacy is essential for success.

Purpose and Scope of PRRA

PRRA protects individuals at risk of serious harm if removed. The key areas assessed include:

• Risk of persecution (similar to refugee definition),
• Risk to life,
• Risk of cruel and unusual treatment or punishment,
• Risk of torture.

PRRA officers must also consider changes in country conditions since any prior RPD/RAD decision. New evidence must be “new” and “material.”

Eligibility for PRRA

A person becomes PRRA-eligible when:

• they receive a PRRA invitation letter from IRCC, or
• an officer determines that removal is imminent.

Ineligibility Periods

Individuals who were previously refused by the RPD or RAD are typically barred from PRRA for:

• 12 months after an RPD refusal,
• 12 months after a RAD refusal,
• 12 months after a negative Federal Court decision.

This “12-month bar” is waived only for persons from countries experiencing a severe humanitarian crisis.

Legal Standards for PRRA

The PRRA standard differs from the refugee system in key ways:

• Forward-looking analysis of current risk,
• Documentary evidence holds significant weight,
• New risk must be proven with objective evidence,
• Credibility findings from previous RPD hearings often carry forward.

Applicants must show more than mere possibility of risk; the threshold is a “reasonable chance” or a “personalized” risk.

Types of Risk Considered

1. Persecution

Applicants must demonstrate risk based on:

• race,
• religion,
• nationality,
• political opinion,
• membership in a particular social group.

Generalized violence is insufficient; the risk must be personal.

2. Risk to Life

Examples include:

• targeted killings,
• state or non-state death threats,
• severe medical inaccessibility resulting in life-threatening harm.

3. Risk of Cruel and Unusual Treatment or Punishment

Includes:

• inhumane detention conditions,
• police abuse,
• state-condoned violence,
• systemic discrimination resulting in extreme hardship.

4. Risk of Torture

Requires evidence that the applicant is likely to face torture by or with the consent of public authorities.

The Role of Country Conditions Evidence

Country documentation is central to PRRA success. Strong submissions include:

• expert affidavits from country specialists,
• NGO reports (Amnesty, Human Rights Watch),
• UNHCR documents,
• recent news articles,
• U.S. State Department and UK Home Office reports,
• medical and psychological reports,
• evidence of changes since the RPD/RAD hearing.

PRRA officers must compare historic and current risk factors.

New Evidence Requirement

Applicants must present evidence that is:

• new – did not exist at time of RPD/RAD hearing, or was not reasonably available;
• relevant – related to risk of return;
• material – could change the outcome.

Evidence that simply repeats previously presented facts is insufficient.

Procedural Fairness in PRRA

IRCC must give applicants a meaningful opportunity to present evidence. Procedural fairness issues often arise when:

• officers ignore new evidence,
• credibility findings from RPD are applied without flexibility,
• applicant cannot obtain key documents due to crisis in home country,
• translation or communication issues arise.

Failure to provide fairness is grounds for judicial review.

When PRRA Results in Protected Person Status

A successful PRRA outcome grants:

• Protected Person status,
• eligibility for Permanent Residence under the Protected Persons class,
• protection from removal to the country of risk.

Protected Persons enjoy similar rights as recognized refugees.

Reasons for PRRA Refusal

• lack of new evidence,
• insufficient documentation of personal risk,
• findings of internal flight alternative (IFA),
• perceived credibility issues from RPD,
• changed country conditions,
• generalized (non-personalized) risk,
• failure to prove risk from state or non-state actors.

Judicial Review of PRRA Decisions

Federal Court frequently overturns PRRA refusals where:

• officers ignore or mischaracterize evidence,
• risk assessments are speculative or generalized,
• credibility findings are applied rigidly,
• procedural fairness is breached,
• country conditions were misunderstood,
• new evidence was dismissed without justification.

Judicial review may stay the removal pending outcome.

Strategic PRRA Considerations for Counsel

• Prepare detailed personal affidavits explaining risk,
• Gather medical, psychological, and trauma-informed evidence,
• Engage expert witnesses on country conditions,
• Address credibility concerns proactively,
• Ensure all evidence is consistent with earlier refugee narrative,
• Prepare stay motions where removal is imminent.

The Importance of Skilled Legal Representation

PRRA applications are high-stakes and time-sensitive. Skilled counsel is crucial to:

• identify new evidence unavailable during RPD/RAD proceedings,
• frame risk in accordance with IRPA and case law,
• obtain expert evidence,
• prepare trauma-sensitive submissions,
• challenge errors through judicial review,
• seek stays of removal when needed.

With a strong, well-supported PRRA application, many individuals successfully prevent removal and obtain legal protection in Canada.