You cannot apply for PRRA within 12 months of decision by Immigration and Refugee Board, as soon as Bill C-31 is applied (royal assent)!

PRRA means Pre Removal Risk Assessment. In situations when you are told to leave Canada and a removal order is being enforced against you, you could  be allowed to apply for PRRA. Once you apply, an officer will review your application, documents, evidence etc. to determine the authenticity of your claim. Under these circumstances, your removal order is suspended temporarily. The officer will consider the risk of persecution, torture, your life or the risk that you may be subjected to any cruel or unusual treatment or punishment, if you are removed from Canada. 

You may not be eligible:

·         If another country has requested Canada to return you because you are a suspected or convicted criminal or

·          If you have come to Canada from a country that is designated as a  safe country e.g. United States or

·         If  you have claimed refuges status or applied for PRRA in the past within a specific time or

·         If you are already recognized as a person who needs protection or

·         If you can return to a country that has already recognized you as a convention refugee.

If the  officer accepts your PRRA application, you will receive the status of ‘protected person’ and thus you can apply for permanent residence in Canada. However, if your application is rejected, your removal order will again come in effect and you may receive a reasonable time to leave Canada. You have the option to apply to Federal Court of Canada  for a review of PRRA officer’s decision.

Canadian government in Feb 2012 introduced Bill C-31 which proposed changes to Immigration and Refugee system of Canada.  The government has now issued amendments to this bill. One such amendment   proposes that if Immigration and Refugee Board issues a removal order then the failed asylum-seeker will not be able to apply for PRRA for 12 months. More information about PRRA, etc can he had at this link.  The amendment also propose that a previous negative decision, for those from designated countries, will now bar these asylum-seekers from applying for 36 months as against the current norm of  12 months. This will discourage asylum seekers from going underground after a negative decision and then reapplying after 12 months.

In addition, the government had earlier proposed that if a person has obtained  permanent residence in Canada based on a refugee claim then it could be revoked if situation in home country is improved.  The government is now amending this section and issuing further clarification that it did not intend the law to be read in this manner.

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Stay of Removal Order granted; A second PRRA application allowed!

Stay of Removal Order granted; A second PRRA application allowed!

There are situations when an individual can be required to leave Canada by the Canadian Government (because of various reasons) by the process of Removal Order. However, as a last resort, the Government does give that individual the option to provide evidence or convince the Government whether that person should be allowed to remain in Canada. This is process is called Pre-Removal Risk Assessment or PRRA. Usually once the PRRA application is rejected, the individual has no other option but to leave the country. In a very special situation and looking at the circumstances,  the Canadian Government has allowed a second PRRA, yesterday, in the case of a family out of ‘abundance of caution’. The PRRA process can take several months or years and the individual will generally stay back in the country until the time a decision is made. This particular case involved a rejected asylum claim (on basis of lacked credibility, unreliable testimony), a refused application for leave and judicial-review by Federal Court, a refused PRRA and a denied motion of stay of removal with the Federal court. As per the government, the case lacked evidence to prove its claims. It is therefore critical that all relevant information be provided (including the evidence) with your initial application so that such a situation may not arise at a later date.

The entire article can also be read at www.eaglelegal.ca.