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Immigration and Refugees Law
Understanding the Legal Nature of PRRA in Canada: Pre-Removal Risk Assessment
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The Legal Nature of PRRA: Canada’s Final Safety Net Before Removal
The Pre-Removal Risk Assessment (PRRA) is a critical safeguard in Canadian immigration law, functioning as an “assessment of risk prior to removal.” It ensures that Canada upholds its domestic and international commitments to the principle of non-refoulement.
As noted by the Federal Court in Shaka v. Canada, 2019 FC 798, the PRRA ensures that individuals are not returned to a country where they would face persecution, torture, or risks to their life and safety.
What Risks are Assessed?
Under sections 113(c) and (d) of the Immigration and Refugee Protection Act (IRPA), the assessment is generally based on the factors found in sections 96 to 98. According to Szalai v. Canada, 2018 FC 972, an application is typically allowed if the applicant meets the definition of a “Convention refugee” or a “person in need of protection.”
Key risks considered include:
- Persecution
- Torture
- Risk to life
- Risk of cruel and unusual treatment or punishment
Timing and the Stay of Removal
A PRRA is not a standing application; it is triggered by the removal process. Under IRPR s. 160(3), notification is given before removal. Crucially, as per IRPR s. 232:
- 15-Day Rule
If the application is submitted within 15 days of notification, a statutory stay of removal is usually triggered.
- Late Applications
If submitted after the deadline, the application does not result in an automatic stay of removal.
PRRA is Not an Appeal
A common misconception is that PRRA serves as an appeal of a rejected refugee claim. However, in Demesa v. Canada, 2020 FC 135, the court clarified that it is an assessment of risk at the time of removal, not a reconsideration of previous decisions.
“Absent such new evidence, the negative refugee determination must be ‘respected’ by the PRRA officer…” (Demesa, para 19)
The Requirement for “New Evidence”
Per IRPA s. 113(a), applicants who have previously been rejected can only present new evidence that:
- Arose after the rejection;
- Was not reasonably available at the time; or
- Could not reasonably have been expected to be presented.
Outcomes of a Successful PRRA
The result of a positive PRRA depends on the applicant’s status:
- Standard Applicants: Grants “refugee protection” status.
- Restricted PRRA (s. 112(3)): For those with serious criminality or security concerns, a successful PRRA results only in a stay of removal, not full refugee status (Tapambwa v. Canada, 2019 FCA 34).
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