Who can submit a PRRA application and when?

If you’re facing removal from Canada, a Pre-Removal Risk Assessment (PRRA) may be one of your last chances to ask the government not to send you back to a country where you’d be in danger.

But the PRRA isn’t something you can apply for whenever you want. You can only submit a PRRA application if the Canada Border Services Agency (CBSA) — or in some cases Immigration, Refugees and Citizenship Canada (IRCC) — invites you to do so. Below, we explain who qualifies, when you can apply, and whether a PRRA officer looks at the same things as a refugee claim.

What’s a PRRA?

A PRRA is a written application that lets a person facing removal from Canada explain the risks they believe they’d face if they were sent back to their home country.

An IRCC officer reviews your application and decides whether returning you would expose you to:

• Persecution based on race, religion, nationality, political opinion, or membership in a particular social group;

• Torture;

• A risk to your life; and

• A risk of cruel and unusual treatment or punishment.

If your PRRA is approved, you usually become a protected person and can stay in Canada.

Who can submit a PRRA application?

Generally, you may be eligible for a PRRA if you’re facing removal from Canada and you fall into one of these situations:

• Your refugee claim was rejected by the Immigration and Refugee Board (IRB);

• Your refugee claim was found ineligible to be referred to the IRB;

• You abandoned or withdrew your refugee claim; or

• Your temporary status has expired and you’re now subject to a removal order.

That said, some people are not eligible. You can’t apply for a PRRA if you: 

• Made a refugee claim that was ineligible because of the Safe Third Country Agreement;

• Were found to be a Convention refugee in another country you can return to;

• Are already a protected person with refugee protection in Canada; or

• Are subject to extradition.

You can only apply if you’re invited — you can’t apply on your own

This is the most important thing to understand about the PRRA: you cannot simply decide to apply. 

When the CBSA begins the removal process, an officer will check whether you’re eligible for a PRRA. If you are, you’ll be given a document called a Notification Regarding a Pre-Removal Risk Assessment, along with the application kit. In certain cases, IRCC may be the one to notify you.

Without that notification, there’s no PRRA application to submit. If you try to apply before being invited, your application won’t be accepted. So if you believe you’re at risk and you’re facing removal, the trigger you’re waiting for is that written invitation from the CBSA or IRCC.

When can you submit your PRRA application?

Once you receive your notification, the clock starts immediately, and the deadlines are strict.

 In most cases, you’ll need to:

• Submit your completed application form (IMM 5508) within 15 days if you received the notification in person, or within 22 days if you received it by mail; and

• Submit your written submissions and supporting evidence within 15 days after that — and no later than 30 days after you received the kit.

Always follow the exact dates written on your own Notification, because your specific deadlines may differ.

Missing a deadline can mean losing your right to the assessment, and the CBSA may proceed with your removal.

Is there a waiting period?

Yes. In most cases, you must wait 12 months after the last negative decision you received before you can apply for a PRRA. This 12-month bar can apply if:

• You received a negative decision from the IRB;

• You received a negative decision from IRCC on a previous PRRA application;

• You abandoned or withdrew your refugee claim or PRRA application; or

• The Federal Court refused your attempt to have your refugee claim or PRRA decision reviewed.

There are exemptions to this waiting period for people from certain countries where conditions have changed. Because that list changes over time, it’s worth getting advice on whether an exemption applies to you. 

Does the PRRA officer look at the same things as a refugee claim?

In some ways, yes — and in other important ways, no.

A PRRA looks at many of the same risk grounds as a refugee claim: persecution, torture, risk to life, and cruel and unusual treatment or punishment. So the underlying question — would returning you put you at serious risk? — is similar.

But the PRRA is not a second refugee hearing, and there are key differences:

• A different decision-maker: Refugee claims are decided by the independent IRB. A PRRA is decided by an IRCC officer — and that officer must be different from anyone who assessed your refugee claim.

• Usually no hearing: A refugee claim normally involves an oral hearing. A PRRA is usually decided on your written submissions alone. A hearing is only held in limited cases, such as when your credibility is a central issue.

• The “new evidence” rule: If your refugee claim was already refused, the officer generally can only consider evidence that arose after the rejection, that wasn’t reasonably available before, or that you couldn’t reasonably have been expected to present. The PRRA isn’t meant to re-argue your old claim.

If you never had a refugee claim, that new-evidence restriction won’t apply to you in the same way.

How can Taylor Mergui help?

PRRA applications are among the most time-sensitive matters in Canadian immigration law. The deadlines are short, the process is mostly written, and the legal tests are demanding — which means a strong, well-organized submission really matters.

If you’ve received a PRRA notification, or you’re facing removal and want to understand your options, book a consultation with us today. We’ll hear your story, explain your deadlines, and help you put forward the strongest possible case to stay in Canada.