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Immigration and Refugees Law

What Is a Pre-Removal Risk Assessment (PRRA)? How It Protects Refugee Claimants Barred by Bill C-12

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A Pre-Removal Risk Assessment (PRRA) is an application to Immigration, Refugees and Citizenship Canada (IRCC) that asks an officer to decide whether you would face persecution, torture, a risk to your life, or cruel and unusual treatment if Canada removed you. For people whose refugee claims are now blocked from the Immigration and Refugee Board (IRB) by Bill C-12 — the Strengthening Canada’s Immigration System and Borders Act — the PRRA has become the main way to have their risk examined before removal.

This guide explains what a PRRA is, who Bill C-12 affects, how a PRRA is decided, how it can stop removal, and what happens after a positive or negative decision.

Key takeaways

  • Bill C-12 (S.C. 2026, c. 4) received Royal Assent on March 26, 2026 and added two new refugee-claim ineligibilities to the Immigration and Refugee Protection Act (IRPA): the one-year rule (s. 101(1)(b.1)) and the post-14-day irregular-entry rule (s. 101(1)(b.2)).
  • An ineligible claim is not heard by the Refugee Protection Division, but a person found ineligible under these new rules is not barred from applying for a PRRA.
  • The PRRA officer assesses risk under IRPA sections 96 and 97 — the same refugee and person-in-need-of-protection tests.
  • Applying on time after IRCC’s PRRA notification can stay (pause) removal until a decision is made.
  • A negative PRRA can be challenged in the Federal Court, but strict deadlines apply and there is no automatic stay of removal.

What Is a Pre-Removal Risk Assessment (PRRA)?

The Pre-Removal Risk Assessment is set out in sections 112 to 116 of the Immigration and Refugee Protection Act and sections 160 to 174 of the Immigration and Refugee Protection Regulations (IRPR). It reflects a basic principle of Canadian and international law: Canada should not send a person back to a place where they face serious risk without first looking at that risk.

Under IRPA s. 112(1), a person in Canada who is subject to a removal order that is in force may apply to the Minister for protection, unless a statutory exception applies. In practice, IRCC usually sends a written PRRA notification before removal, and the person then has a short window to apply and file written submissions and evidence.

A PRRA is decided by an IRCC officer, not by the Immigration and Refugee Board. It is usually a paper process, which makes the quality of your written submissions and evidence especially important. Our earlier article on restricted PRRA and regular PRRA explains another important distinction.

Bill C-12: The New Refugee Claim Ineligibility Rules

The Strengthening Canada’s Immigration System and Borders Act, S.C. 2026, c. 4 (Bill C-12) received Royal Assent on March 26, 2026. Among other changes, it added two new grounds that make a refugee claim ineligible to be referred to the Refugee Protection Division (RPD):

  • The one-year rule — IRPA s. 101(1)(b.1): the claimant entered Canada after June 24, 2020 and made the claim more than one year after the day of entry. If the person entered Canada more than once after June 24, 2020, the one-year period starts from the first entry (s. 101(1.1)).
  • The post-14-day irregular-entry rule — IRPA s. 101(1)(b.2): the claimant entered Canada from the United States at a place along the land border (including waters along or across it) that is not a port of entry, and made the claim after the 14-day period referred to in IRPR s. 159.4(1.1).

Once a claim is found ineligible, the officer must terminate its processing (s. 101(1.2)). The claimant does not get an RPD hearing.

It is important not to confuse the post-14-day rule with the Safe Third Country Agreement (STCA). A person who crosses irregularly from the U.S. and claims within 14 days may be ineligible under the STCA rule in s. 101(1)(e), subject to the exceptions in IRPR s. 159.5. A person who claims on day 15 or later falls under the separate C-12 rule in s. 101(1)(b.2). As explained below, that difference can decide whether a PRRA is available at all.

Whether C-12 applies to a particular claim also depends on when the claim was made and on the Act’s coming-into-force and transition rules. This is a technical question that should be reviewed by a lawyer against your own dates and documents. For more background, see our article on Bill C-12 and refugee claim ineligibility.

Can People Barred by Bill C-12 Apply for a PRRA?

Yes — in most cases. A finding of ineligibility under the new one-year or post-14-day rules does not, by itself, prevent a PRRA. IRPA s. 112(2)(b) bars a PRRA only for a person whose claim was found ineligible under s. 101(1)(e) (the STCA rule). It does not list the new paragraphs 101(1)(b.1) or (b.2).

So a person found ineligible only under the one-year rule or the post-14-day rule may apply for a PRRA, as long as the conditions of s. 112(1) are met (for example, a removal order in force) and no other bar applies. This makes the PRRA the main — and often the only — opportunity for these individuals to have their fear of return examined on its merits before removal.

In an order dated October 9, 2026 (Guzman Sanchez v. Canada (Public Safety and Emergency Preparedness), Federal Court docket IMM-29280-26), the Federal Court described this distinction: because a claimant who waits until day 15 or later is ineligible under s. 101(1)(b.2) rather than the STCA clause, the statutory PRRA bar in s. 112(2)(b) is not engaged. That discussion was not a final ruling on the point, but it reflects the wording of the Act.

Access to a PRRA is not a guarantee of protection. The officer still has to be persuaded, on the evidence, that the risk is real.

How a PRRA Is Decided: Sections 96 and 97

For most applicants, IRPA s. 113(c) directs the officer to decide the PRRA on the basis of sections 96 to 98 of the Act — the same legal tests the RPD uses:

  • Convention refugee (s. 96): a well-founded fear of persecution because of race, religion, nationality, membership in a particular social group, or political opinion, where the person is unable or, because of that fear, unwilling to rely on the protection of their country.
  • Person in need of protection (s. 97): a personal risk of torture, a risk to life, or a risk of cruel and unusual treatment or punishment, where state protection is not available, the risk exists throughout the country, it is not faced generally by others there, and it is not caused by lawful sanctions or by inadequate health or medical care.

The officer weighs your personal statement, identity documents, supporting letters, police or medical records, and up-to-date country condition evidence. Because there is often no hearing, the written file must be complete, consistent, and well organized. Humanitarian factors are generally assessed in a separate process, and for a person found ineligible, IRCC cannot examine an H&C request while the PRRA is pending (IRPA s. 25(1.2)(b.1)); see our article on humanitarian factors in PRRA applications and our page on humanitarian and compassionate applications.

New Evidence Rules and the Raza Test

IRPA s. 113(a) limits a person whose refugee claim has been rejected to new evidence: evidence that arose after the rejection, was not reasonably available, or could not reasonably have been expected to be presented at the time.

For applicants who had a rejected claim, the leading case is Raza v. Canada (Citizenship and Immigration), 2007 FCA 385. At paragraph 13, the Federal Court of Appeal set out questions an officer may ask about new evidence: is it credible, is it relevant, is it new (for example, proving events after the RPD hearing or contradicting an RPD finding), and is it material — would it probably have changed the result?

People made ineligible by Bill C-12 are in a different position. Their claim was terminated as ineligible, not heard and rejected by the RPD. On the wording of s. 113(a), the RPD-rejection filter does not appear to apply to a C-12-ineligible claimant who never had a prior claim rejected. No reported Federal Court merits decision on that exact point was found as of this writing, so the issue should be argued carefully in each case. Read more in Chances of Staying in Canada with a PRRA: New Evidence & Risks.

Will There Be an Oral Hearing?

A PRRA is not automatically an oral hearing. Under IRPA s. 113(b), a hearing may be held if the Minister considers one required, based on the factors in IRPR s. 167:

  1. whether there is evidence that raises a serious issue of the applicant’s credibility related to the s. 96 and s. 97 factors;
  2. whether that evidence is central to the decision; and
  3. whether the evidence, if accepted, would justify allowing the application.

In A.B. v. Canada (Citizenship and Immigration), 2019 FC 165, the Federal Court treated these factors as cumulative: an oral hearing is required when all three are met, and if no credibility issue arises, no hearing is required (para. 23). A finding that evidence is simply insufficient, without an express or veiled credibility finding, does not by itself require a hearing (para. 25). If an officer doubts your credibility on a central issue without giving you a hearing, that may be a ground for judicial review.

How a PRRA Can Stop Removal

Under IRPR s. 232, a removal order is stayed (paused) when IRCC notifies a person under IRPR s. 160(3) that they may apply for a PRRA. The stay generally continues until the earliest of several events, including: the person confirms in writing that they will not apply; the person does not apply within the time allowed under IRPR s. 162; or the application is rejected.

Under IRPR s. 162, an application received within 15 days after notification cannot be decided until at least 30 days after notification, which gives time to file written submissions and evidence. An application made later (IRPR s. 163), a subsequent application (s. 165), or an application at a port of entry (s. 166) does not stay removal. Missing the deadline can therefore mean losing the stay.

After the Decision: Positive or Negative PRRA

If the PRRA is approved

For most applicants, a positive PRRA confers refugee protection (IRPA ss. 95(1)(c) and 114(1)(a)). The person becomes a protected person and can generally apply for permanent residence. For a person described in s. 112(3) (for example, certain inadmissibility cases), a positive decision does not confer protected person status; it stays removal to the country of risk (s. 114(1)(b)), and that stay may be reconsidered and cancelled if circumstances change (s. 114(2)).

If the PRRA is refused

A negative PRRA ends the s. 232 stay. The applicant may ask the Federal Court for leave and judicial review. For a decision made in Canada, IRPA s. 72(2)(b) generally requires the application to be filed and served within 15 days after the applicant is notified of, or becomes aware of, the decision. Filing for judicial review does not, by itself, stop removal.

A person facing removal usually needs a separate stay motion. In Ojei v. Canada (Citizenship and Immigration), 2025 FC 731 (para. 11), the Court restated the three-part test: a serious issue, irreparable harm, and a balance of convenience in the applicant’s favour — all three must be met. The Federal Court of Appeal has cautioned that the possibility that the judicial review becomes moot after removal is not, by itself, irreparable harm (Shpati v. Canada (Public Safety and Emergency Preparedness), 2011 FCA 286, para. 38).

Stays can be granted in C-12 cases. In an order dated October 16, 2026 (Kasak v. Canada (Citizenship and Immigration), docket IMM-29408-26), the Federal Court granted a stay pending judicial review of a negative PRRA, noting that the applicant had been prevented from receiving a full decision on her refugee status and that s. 101(1)(b.1) is the subject of multiple constitutional challenges. The order did not decide those challenges. Learn more about our immigration and refugee services, including Federal Court judicial review.

The 12-Month PRRA Bar and Other Limits

The one-year rule in Bill C-12 (s. 101(1)(b.1)) is different from the 12-month PRRA bar in IRPA s. 112(2)(b.1). The PRRA bar generally prevents a PRRA application for 12 months after certain RPD, RAD or Federal Court outcomes on a refugee claim (36 months for nationals of a designated country of origin), with some exceptions.

A claim terminated as ineligible under s. 101(1.2) is not, on that basis alone, rejected, withdrawn, or abandoned by the RPD. A new C-12 ineligibility finding therefore does not itself start the 12-month PRRA bar. However, a person who had an earlier refugee claim rejected may still be caught by it. The Minister can also exempt people or classes from the bar under s. 112(2.1), and a separate 12-month limit can apply after a previous PRRA (s. 112(2)(c)). Our article Can a PRRA Applicant Work or Study in Canada? covers related questions about life in Canada while a PRRA is pending.

Practical Steps if You Received a PRRA Notification

  1. Note the date you received the notification. Filing within 15 days is what keeps the regulatory stay of removal in place.
  2. Get legal advice immediately. A lawyer can confirm whether you are ineligible under s. 101(1)(b.1), (b.2) or (e), and whether any PRRA bar applies.
  3. Collect evidence of risk: identity documents, a detailed personal statement, proof of past threats or harm, witness letters, medical or police records, and current country condition reports.
  4. Address credibility head-on. Explain any gaps or inconsistencies; if credibility is central, ask for an oral hearing under IRPR s. 167.
  5. Plan the order of your applications. Under IRPA s. 25(1.2)(b.1), IRCC cannot examine a humanitarian and compassionate (H&C) request from a person whose claim was found ineligible while their PRRA is pending, so the timing of any H&C application needs legal advice.
  6. If refused, act fast. Federal Court deadlines are short, and a stay motion may be needed before your removal date.

Book a Consultation

Facing removal after a refugee claim was found ineligible under Bill C-12? Dr. Samin Mortazavi, immigration and refugee lawyer at Pax Law Corporation, provides PRRA applications, oral hearing requests, and Federal Court judicial review and stay motions for clients across Canada. Immigration and refugee consultations are held online or by phone through our Vancouver office, so you can book from anywhere in Canada.

Frequently Asked Questions

What is a Pre-Removal Risk Assessment (PRRA) in Canada?

A PRRA is an application to IRCC, under IRPA sections 112 to 116, asking an officer to assess whether you would face persecution, torture, a risk to life, or cruel and unusual treatment if removed from Canada.

What is Bill C-12?

Bill C-12 is the Strengthening Canada’s Immigration System and Borders Act, S.C. 2026, c. 4, which received Royal Assent on March 26, 2026. It added new refugee claim ineligibility rules to IRPA, including the one-year rule and the post-14-day irregular-entry rule.

What is the one-year rule for refugee claims?

Under IRPA s. 101(1)(b.1), a claim is ineligible for the Refugee Protection Division if the person entered Canada after June 24, 2020 and made the claim more than one year after entering. With multiple entries, the year runs from the first entry after that date.

Can I apply for a PRRA if my claim is ineligible under Bill C-12?

Generally yes. The PRRA bar in IRPA s. 112(2)(b) applies to claims found ineligible under the Safe Third Country Agreement rule in s. 101(1)(e), not to the new one-year or post-14-day rules, provided the other conditions for a PRRA are met.

Who is not eligible for a PRRA?

Exceptions include people whose claim was ineligible under the Safe Third Country Agreement rule, people still within the 12-month (or 36-month) waiting period after certain refugee or PRRA decisions, and others listed in IRPA s. 112(2). A lawyer can check which rules apply to you.

How long do I have to apply for a PRRA?

If you apply within 15 days after IRCC’s PRRA notification, the application cannot be decided until at least 30 days after the notification, and your removal is generally stayed while it is pending. Later applications do not stop removal.

Does a PRRA stop deportation?

A PRRA applied for on time after notification triggers a regulatory stay of removal under IRPR s. 232 until the decision is made. Later, subsequent, or port-of-entry applications do not create that stay.

Is there a hearing in a PRRA?

Usually not. An officer may hold an oral hearing if there is a serious credibility issue that is central to the decision and would justify protection if the evidence is believed (IRPR s. 167).

What happens if my PRRA is approved?

Most applicants become protected persons and can generally apply for permanent residence. For people described in IRPA s. 112(3), a positive PRRA instead stays removal to the country of risk.

What can I do if my PRRA is refused?

You can apply to the Federal Court for leave and judicial review, generally within 15 days. Because this does not automatically stop removal, a separate motion for a stay of removal may be needed.

Can I submit new evidence in my PRRA?

If your refugee claim was previously rejected, you are limited to new evidence under IRPA s. 113(a) and the Raza test. If your claim was terminated as ineligible under Bill C-12 and never heard, the wording of the Act suggests that limit does not apply, but this should be argued with legal help.

Can I work in Canada while my PRRA is pending?

IRPR s. 206(1)(b) allows a work permit to be issued to a person in Canada who cannot support themselves without working and is subject to an unenforceable removal order. Whether a particular PRRA applicant qualifies depends on their circumstances, so get advice before applying.

Can I file a humanitarian and compassionate application at the same time?

If your refugee claim was found ineligible and your PRRA is pending, IRPA s. 25(1.2)(b.1) prevents IRCC from examining an H&C request during that time. The ineligibility finding alone does not trigger the separate 12-month H&C bar in s. 25(1.2)(c).

This article is for general information only and is not legal advice. The law can change and every case is different. Reading it does not create a lawyer–client relationship. For advice about your own situation, please book a consultation with a lawyer.

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