Pre-Removal Risk Assessment (PRRA)

Those in Canada who are facing deportation and under a removal order may participate in the Pre-Removal Risk Assessment, or PRRA, judicial procedure. Determining whether a person would be seriously at risk of persecution, torture, or cruel and unusual treatment if they were sent back to their native country is the main goal of this evaluation. In order to make sure that Canada fulfills its international commitments to keep people safe, this assessment serves as a last precaution.

Because it considers the same basic reasons for protection, the PRRA procedure is similar to a refugee claim in many respects. An applicant must show that their political beliefs, religious beliefs, race, nationality, or participation in a certain social group pose a personal risk to their life or safety. The evaluation is an essential tool for applicants whose circumstances or country conditions have changed since they initially arrived in Canada since it focuses on the current state of affairs in their home country.

There are two ways to apply for a PRRA: either proactively or, more frequently, directly when an individual is being processed for removal by an immigration officer. The deadlines for submission are rather tight after the notification is sent. Typically, an applicant has 30 days from the date of notification to submit all supporting documentation and legal submissions to Immigration, Refugees and Citizenship Canada (IRCC), and only 15 days to fill up and submit the required application forms.

A professional PRRA officer reviews the application after it is received, and the decision-making process usually takes many months. The removal order is typically stayed during this period, preventing the person from being deported while their risk is evaluated. The applicant has a crucial window during this delay to collect thorough material, such as affidavits, medical records, or country condition reports, to support the risks they allege to suffer.

The PRRA is mostly a paper-based application, hence judgments are typically made without an oral hearing, in contrast to the typical refugee hearing procedure. This regulation does have some exceptions, though, when an interview might be necessary. For example, an officer may call a face-to-face interview if there is a major doubt about the applicant's reliability or if the individual was previously determined to be unsuitable for a refugee claim because they had already applied for protection in another country.

It is crucial to remember that there are limitations on who is eligible to apply for a PRRA, especially with regard to the timing of prior claims. It is usually not possible for someone who has already had a refugee claim denied by the Refugee Protection Division or the Refugee Appeal Division to apply for a PRRA until at least a year has gone by since their last denial. Although there may be exceptions for people of specific nations who are undergoing unexpected crises, this "one-year bar" is meant to keep the system from being used exclusively as a delay strategy.

The person is awarded protected person status in Canada if the PRRA application is approved. The fear of deportation is essentially nullified by this favorable result, which also enables the person to apply for permanent residency and eventually pave the way for Canadian citizenship. With the same rights and protections as convention refugees, this status guarantees that the individual can start over in a secure setting.

On the other hand, the Canada Border Services Agency will carry out the deportation if the PRRA is rejected, and the removal order's stay is lifted. However, a negative decision can be contested through a judicial review at the Federal Court of Canada, thus the legal process doesn't necessarily finish there. As soon as the PRRA procedure starts, it is strongly advised to seek competent legal advice due to the high stakes and the complexity of the legal arguments needed.