A Pre-Removal Risk Assessment (PRRA) is an application for protection made by a person in Canada who is subject to a removal order, asking the government to decide whether sending them back would expose them to persecution, torture, a risk to life, or cruel and unusual treatment or punishment.

Contents: Legal basis · How the process works · Risk grounds and new evidence · Decisions and judicial review · Related terms · Practical tips · FAQ

Legal basis

The PRRA is created by sections 112 to 114 of the Immigration and Refugee Protection Act (IRPA). Under section 112(1), a person in Canada may apply to the Minister for protection if they are subject to a removal order in force or are named in a security certificate.

Section 112(2) limits who may apply:

• Safe third country cases – a person whose refugee claim was found ineligible under section 101(1)(e) cannot apply (s. 112(2)(b)).
• The 12-month bar – a person generally cannot apply until 12 months have passed since their refugee claim was last rejected, withdrawn or abandoned, or since the Federal Court refused leave or dismissed judicial review of that claim. The period is 36 months for nationals of a designated country (s. 112(2)(b.1)). Rejections under section E or F of Article 1 of the Refugee Convention do not start this clock.
• A previous PRRA – a similar waiting period applies after an earlier PRRA decision (s. 112(2)(c)).

Under section 112(2.1), the Minister may exempt nationals of a country, a region of a country, or a class of persons from these waiting periods. The Immigration and Refugee Protection Regulations (IRPR), sections 160 to 174 and 232, set out the procedure.

How the process works

Notice. An eligible person is notified before removal that they may apply (IRPR s. 160). Notice is given when the form is handed over or, if mailed, seven days after it is sent.

The 15-day window. An application received within 15 days after notification is timely under IRPR s. 162. Under IRPR s. 232, the removal order is stayed from notification until the earliest of several events, such as the person not applying within that period or the application being rejected. A late application (s. 163) or a repeat application (s. 165) does not stay removal.

Submissions and evidence. The applicant may file written submissions, with the help of counsel at their own expense, and must identify the evidence that meets the new evidence rule and explain how it relates to them (IRPR s. 161).

Hearing. Most PRRAs are decided on paper. A hearing may be held under IRPA s. 113(b) based on the factors in IRPR s. 167: whether evidence raises a serious credibility issue related to sections 96 and 97, whether it is central to the decision, and whether it would justify allowing the application if accepted.

Risk grounds and new evidence

For most applicants, the officer considers IRPA sections 96 to 98 (s. 113(c)):

• Section 96 – a well-founded fear of persecution because of race, religion, nationality, membership in a particular social group or political opinion.
• Section 97 – a danger of torture, or a personal risk to life or of cruel and unusual treatment or punishment that exists in every part of the country, is not faced generally by others there, and is not caused by lawful sanctions or inadequate medical care.

The new evidence rule. If the refugee claim was rejected, IRPA s. 113(a) allows only evidence that arose after the rejection, or that was not reasonably available or could not reasonably have been presented then. In Raza v. Canada (Citizenship and Immigration), 2007 FCA 385, the Federal Court of Appeal set out five questions: credibility, relevance, newness, materiality and the express statutory conditions. A PRRA is not a second refugee hearing. Singh v. Canada (Citizenship and Immigration), 2016 FCA 96, adapts the Raza factors to new evidence before the Refugee Appeal Division, not to the PRRA itself.

Restricted PRRA. Under section 112(3), refugee protection may not be conferred on certain applicants, such as those inadmissible for security, human rights violations, organized criminality or certain serious criminality. For most of them, the assessment is limited to section 97 plus danger to the public or the nature and severity of their acts (s. 113(d)), with an exception for some serious criminality cases (s. 113(e)).

Decisions and judicial review

A positive PRRA confers refugee protection on most applicants (IRPA s. 114(1)(a)). For an applicant described in section 112(3), it only stays removal to the country where they face risk (s. 114(1)(b)).

A negative decision can be challenged by judicial review. The leave application must be filed within 15 days after the applicant learns of the decision (IRPA s. 72(2)(b)). Filing does not automatically stop removal: in He v. Canada (Citizenship and Immigration), 2026 FC 517, at paragraph 54, the Federal Court confirmed there is no automatic stay pending judicial review of a negative PRRA. A separate stay may be requested under section 18.2 of the Federal Courts Act.

Parliament has also enacted the Strengthening Canada’s Immigration System and Borders Act (S.C. 2026, c. 4), which deals with refugee-claim ineligibility. Under IRPA s. 101(1)(b.1), a claim is ineligible if the claimant entered Canada after June 24, 2020 and claimed more than one year after entry, and the Act requires the Minister to report how many such claimants later applied for a PRRA.

Related terms

• Asylum – the refugee claim that usually comes before a PRRA.
• Judicial Review – the Federal Court process for challenging a negative decision.
• Humanitarian and Compassionate (H&C) – a separate application that is not a section 96 or 97 risk assessment.
• Mandamus – a court order compelling a decision after unreasonable delay.

Further reading: the PRRA and Bill C-12 and humanitarian factors in PRRA applications.

Practical tips

• Keep proof of the notification date. The 15-day window and the stay depend on it.
• Explain what is new. Show how each document meets IRPA s. 113(a) and relates to you personally.
• Use current country evidence. Recent, reliable reports can show risks that arose after your refugee decision.
• Check the bars first. Confirm whether a waiting period, a safe third country finding or an exemption applies.
• Act quickly after a refusal. The judicial review deadline is short, and a stay must be requested separately.

Frequently Asked Questions

Who can apply for a PRRA?

A person in Canada who is subject to a removal order in force, or named in a security certificate, unless a bar in IRPA s. 112(2) applies.

What is the 12-month bar?

A person generally cannot apply until 12 months after the last negative decision on their refugee claim or previous PRRA, or 36 months for nationals of designated countries.

How long do I have to apply after I am notified?

An application received within 15 days after notification is timely under IRPR s. 162 and benefits from the stay of removal. A later application does not stay removal.

Can I repeat the evidence from my refugee hearing?

No. If your claim was rejected, you may present only new evidence that meets IRPA s. 113(a), as explained in Raza v. Canada, 2007 FCA 385.

Will there be a hearing?

Usually not. A hearing may be held when credibility evidence is central and could justify allowing the application (IRPA s. 113(b); IRPR s. 167).

What happens if my PRRA is approved?

Most applicants receive refugee protection. Applicants described in section 112(3) receive only a stay of removal to the country where they face risk.

Does judicial review stop my removal?

Not automatically. You must ask the Federal Court for a stay, which it may grant at its discretion (He v. Canada, 2026 FC 517).

Book a consultation

Pax Law Corporation offers immigration and refugee consultations online or by phone. Book in Vancouver (+1 604-767-9529) or Book in Toronto (+1 416-447-4862).

This entry is for general information only and is not legal advice. For advice about your situation, please book a consultation with a lawyer.