More Information About the Process of Pre-Removal Risk Assessment
A PRRA is an application to remain in Canada on the basis that a person would be at risk of physical harm if they get deported to their country of nationality. There are some restrictions on eligibility, for example people who have been found to be a danger to the Canadian public are not eligible for a PRRA. Also, unsuccessful refugee claimants are not eligible a PRRA unless more than a year has lapsed from the rejection of their claim.
However, a PRRA represents an important opportunity to remain in Canada and assert a claim that they cannot return to their own country because the execution of their removal order would put them at risk of physical harm.
Frequently asked questions about Pre-Removal Risk Assessment (PRRA)
In order to file an application for a PRRA, a person must first be served with a PRRA by a member of the Canada Border Services Agency. Because a PRRA is meant to be completed as a final procedure prior to the execution of a deportation order, it is the Canada Border Services Agency [CBSA] must provide an individual with the opportunity to make a risk assessment. A PRRA cannot be initiated by the applicant themselves.What evidence need to be provided to prove the danger in living in home country?
Unlike a refugee claim, an applicant for a PRRA faces a number of evidentiary restrictions when they apply for protection.
An application for a PRRA must be based on evidence that was not previously available at the time that a person’s refugee claim protection was heard. A PRRA is not meant to be an appeal of a refugee decision, nor is it an opportunity for a second decision maker to review and re-examine evidence that was already before the Refugee Protection Division or the Refugee Appeal Division.
Rather, a PRRA is designed to assess evidence that was not available and could not have been made available to the Refugee Protection Division and the Refugee Appeal Division.
f your application for a PRRA is successful, you will be entitled to become a permanent resident of Canada as a protected person. This status is the same as an individual who has won their refugee claim.
If your PRRA has been rejected, you may still have an opportunity to seek judicial review of the refusal of your application at the Federal Court of Canada. Given that a PRRA refusal usually is succeeded by the execution of the removal order, may be necessary to file an application to stay the execution of the removal of your removal order in the Federal Court.