March 14, 2018
What You Need To Know About Pre-Removal Risk Assessments (PRRAs)
Before a person is removed from Canada, if eligible, the Canada Border Services Agency (“CBSA”) initiates the PRRA process by notifying the individual to apply for a pre-removal risk assessment (“PRRA”) pursuant to subsection 160(1) of the Immigration and Refugee Protection Regulations (“IRPR”). The eligible individual is first asked to attend an interview at a CBSA office, and if failed to do so, the CBSA is authorized to issue an arrest warrant against the individual.
PRRA is essentially a two-step risk assessment process in which the applicant has 15 days to file the PRRA forms and an additional 15 days to make written submissions and adduce evidence about the risks to which the applicant would be exposed to if returned to their country of nationality or habitual residence. The onus is on the applicant to specify the nature of the risks they would face if forcefully removed and that there is a lack of state protection for people specifically in their circumstances who face a risk of persecution.
In the case of a failed refugee claimant, PRRA officers are required to evaluate any new, relevant and material evidence not previously assessed and which would have changed the outcome of the refugee claim had the evidence been put forward at the time. If successful on a PRRA, the applicant is granted the status of a protected person, which would allow them to apply for permanent residence in Canada. The conferring of refugee protection, however, may not be applicable to individuals found to be inadmissible on the grounds of serious criminality, security, violating human or international rights or organized criminality.
Applying for a pre-removal risk assessment? Contact us today!