A pre-removal risk assessment is the last review of the risks you would face if you are removed from Canada. It looks at risks of persecution, torture, a risk to life or a risk of cruel and unusual treatment or punishment.
Under IRPA ss. 112 to 116, a person who is subject to an enforceable removal order may apply for a risk assessment before removal. An officer assesses the risks under ss. 96 and 97 of the Act. If the application is allowed, you become a protected person and can apply for permanent residence. If it is refused, removal can proceed, subject to any stay and to review by the Federal Court.
A PRRA is mostly decided on paper, usually without a hearing. For that reason the written application is everything. Under s. 113(a), only new evidence that arose after the refugee claim was rejected, or that was not reasonably available or could not reasonably have been expected to be presented, is generally accepted.
No. It applies at the end of the removal process and relies on the same protection grounds, but it is a written assessment of new risk after an earlier decision, not a first claim.
In many cases a stay of removal applies while a PRRA is pending, but not in all. It depends on whether a bar applies to you.
Removal can proceed unless you obtain a stay. The refusal can be challenged in the Federal Court, and a stay motion is often necessary. Act immediately.
A positive decision makes you a protected person, and you can then apply for permanent residence.
Related: Immigration Division · Immigration Appeal Division · Refugee claims · Federal Court judicial review
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