Q: What is a Pre-Removal Risk Assessment (PRRA) and when can an individual apply for it in Canada?

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A Pre-Removal Risk Assessment (PRRA) is a safeguard measure in Canadian law that offers protection to individuals who are facing removal from Canada and fear persecution, risk to life, or risk of torture or cruel and unusual treatment in their home country. It is a procedure that aims to ensure that individuals are not deported to a country where they may be in danger.

PRRA is not an application process that an individual can initiate. Instead, it is initiated by the Canadian government when a removal order has been issued against an individual. Eligibility for a PRRA is determined by Immigration, Refugees and Citizenship Canada (IRCC). There are certain conditions under which a person cannot apply for a PRRA. These include if they have made a claim for refugee protection that was denied within the past 12 months, or if they are subject to extradition.

When an individual does become eligible, they will receive a notification letter from the Canadian government. From then, they generally have 15 days to apply, though this period may be extended in certain circumstances. It’s crucial to understand that receiving a PRRA does not guarantee the right to stay in Canada; a positive PRRA decision means the person is found to be in need of protection and will not be removed from Canada. Conversely, if the PRRA decision is negative, the person is expected to leave the country.

It’s important to note that PRRA deals with potential risks associated with removing someone from Canada. It’s not designed to reassess matters that were previously decided on a refused refugee claim or previous PRRA refusal.

Navigating through Canada’s immigration system can be complex, and legal advice should be sought when dealing with such matters. Legal professionals such as LexLords Canada Immigration Lawyers are experienced in handling these complex issues and can offer guidance and support throughout the process.