Pre-removal risk assessment (PRRA): Applicant restrictions on access to protection

This section contains policy, procedures and guidance used by IRCC staff. It is posted on the department’s website as a courtesy to stakeholders.

Pre-removal risk assessment (PRRA) applicants who are described in subsection 112(3) of the Immigration and Refugee Protection Act (IRPA) have restricted access to protection. Approved subsection A112(3) applicants do not become protected persons, they benefit only from a reviewable stay of removal.

Subsection A112(3) applications are assessed on the basis of factors set out in section A97 only.

Notwithstanding the above, those who are also described in paragraph A113(e) shall benefit from an assessment on the basis of factors set out in sections A96 and A97, if no exclusion under Article 1F of the United Nations 1951 Convention relating to the Status of Refugees (Refugee Convention) applies (section A98).

Establishing that an applicant is described in subsection A112(3)
Subsection A112(3) applicants who are also described in paragraph A113(e)
- Consideration of PRRA applications from persons inadmissible for serious criminality: former versus current legislation
Procedures: subsection A112(3) applicants
- Applicant not described in section A97 nor [if applicant falls under paragraph A113(e)] in section A96 after risk assessment
- Applicant described in section A97 or [if applicant falls under paragraph A113(e)] in section A96, including senior immigration officer and CBSA removals officer responsibilities
Coordination between the CBSA Danger Assessments and National Security Cases (DANSC) and Immigration, Refugees and Citizenship Canada (IRCC) Migration Integrity Operations Branch (MIOB)
Ministerial stay of removal
Annex A – PRRA applications from persons inadmissible for serious criminality: former versus current legislation

Establishing that an applicant is described in subsection A112(3)

An applicant is described in subsection A112(3) only if they meet 1 of the following conditions:

have been determined to be inadmissible on grounds of section A34 security, section A35 human or international rights violations, or section A37 organized criminality
have been determined to be inadmissible on grounds of subsection A36(1) serious criminality, due to 1 of the following:
- a conviction in Canada punishable by a maximum term of imprisonment of at least 10 years
- a conviction outside Canada that, if committed in Canada, would be punishable by a maximum term of imprisonment of at least 10 years
have had a refugee claim rejected on the basis of Article 1F
have been named in a certificate referred to in subsection A77(1)

A finding that a person is described in paragraphs A112(3) (a) or (b) requires a determination of inadmissibility based on grounds set out in 1 of those paragraphs, even where the person is already the subject of a removal order on other grounds.

A Canada Border Services Agency (CBSA) officer should identify an applicant described in subsection A112(3) upon PRRA initiation, and inform the applicant accordingly. This ensures procedural fairness as the applicant needs to know the case to be met and the impact of receiving a restricted PRRA. The CBSA officer must also ensure that all documents used to determine that the applicant is described in subsection A112(3) are available to the PRRA decision maker for the PRRA.

The PRRA decision maker will make a risk assessment based on relevant and up to date information. Should a PRRA decision maker be uncertain – before or during an assessment – as to whether an applicant is described in subsection A112(3), they should discuss the case with their manager to see if it needs to return to the CBSA for clarification. In certain circumstances such as priority cases, it may be more expedient for the PRRA decision maker to do the subsection A112(3) determination themselves, provided it does not raise any procedural fairness concerns (for example, the applicant was told by the CBSA that their assessment would be restricted to section A97, but the PRRA decision maker determines that they are in fact entitled to both sections A96 and A97).

For information on how PRRA decision makers should proceed to make Article 1F exclusions, see Exclusions.

Subsection A112(3) applicants who are also described in paragraph A113(e)

PRRA applications submitted by persons described in subsection A112(3), who are also described in paragraph A113(e), are processed in the same way as other subsection A112(3) applications, with a key distinction: both sections A96 and A97 are applied in the risk assessment. Paragraph A113(e) states:

113 Consideration of an application for protection shall be as follows:

(e) in the case of the following applicants, consideration shall be on the basis of sections 96 to 98 and subparagraph (d)(i) or (ii), as the case may be:

(i) an applicant who is determined to be inadmissible on grounds of serious criminality with respect to a conviction in Canada punishable by a maximum term of imprisonment of at least 10 years for which a term of imprisonment of less than two years — or no term of imprisonment — was imposed, and

(ii) an applicant who is determined to be inadmissible on grounds of serious criminality with respect to a conviction of an offence outside Canada that, if committed in Canada, would constitute an offence under an Act of Parliament punishable by a maximum term of imprisonment of at least 10 years, unless they are found to be a person referred to in section F of Article 1 of the Refugee Convention.

For more information on the application of section A98 and its related Article 1F exclusion, see Exclusions.

It is important to carefully note the length of time by which a particular offence can be punishable when verifying if an applicant falls under subsection A112(3) because some Criminal Code sentences are less than 10 years, or up to, not exceeding or not more than 10 years, or 10 years or more. A 1 day difference can determine if an applicant falls under subsection A112(3) or not.

Consideration of PRRA applications from persons inadmissible for serious criminality: former versus current legislation

Please refer to table in Annex A – PRRA applications from persons inadmissible for serious criminality: former versus current legislation.

Procedure: subsection A112(3) applicants

Applicant not described in section A97 nor [if applicant falls under paragraph A113(e)] in section A96 after risk assessment

If the risk assessment is negative, the application is rejected.

Neither the Act nor the Regulations say compelling reasons can be considered for subsection A112(3) decisions. In Lozano Caceres v. Canada (Citizenship and Immigration), 2022 FC 179, the Federal Court asserted that if the applicant is inadmissible due to serious criminality, subsection A108(1) does not apply and the PRRA decision maker therefore does not have to consider subsection A108(4).

Applicant described in section A97 or [if applicant falls under paragraph A113(e)] in section A96

Senior immigration officer’s responsibility

The senior immigration officer sends their positive risk assessment, and any supporting documentation, to the CBSA removals office.

Note: The senior immigration officer must save to file and in Global Case Management System (GCMS) all documentation relevant to their risk assessment.

CBSA removals officer’s responsibilities

The CBSA removals officer prepares supporting documentation regarding the restrictions set out in paragraphs A112(3)(a), (b), (c) or (d) and subparagraphs A113(d)(i) or (ii) and paragraph A113(e), as applicable, and sends it, along with the risk assessment and submissions in all subsection A112(3) cases, to the manager of the Danger Assessments and National Security Cases Unit (DANSC), Immigration Enforcement Case Management Division, CBSA.

In situations where the case must be dealt with on an urgent basis, due to the fact that the person is detained on immigration hold, or is expected to be released from criminal detention within 1 year, the CBSA removals officer must clearly note the following information on the referral slip:

the date of release from incarceration
where and by whom the applicant is being detained

Coordination between the CBSA Danger Assessments and National Security Cases (DANSC) and Immigration, Refugees and Citizenship Canada (IRCC) Migration Integrity Operations Branch (MIOB)

Preparation of restriction assessments

The restriction assessment, in accordance with paragraph 172(2)(b) of the Immigration and Refugee Protection Regulations (IRPR), is an assessment of the danger the applicant constitutes to the public or to the country’s security, or of the nature or severity of the acts committed by the applicant. The senior decision maker is to balance this assessment against the risks the applicant will face in determining whether the applicant should be removed from Canada.

IRCC MIOB analysts prepare paragraph R172(2)(b) restriction assessments for cases under paragraph A112(3)(b) that deal with subsection A36(1). In addition, the CBSA DANSC forwards cases under paragraphs A112(3)(c) that deal with Article 1F(b) exclusion to the Complex Case Management Division (CCMD) at IRCC MIOB for processing. A MIOB CCMD analyst reviews the case and prepares a paragraph R172(2)(b) restriction assessment.

The CBSA DANSC analysts prepare paragraph R172(2)(b) restriction assessments for cases under paragraphs A112(3)(a) and (d) that deal with sections A34, A35, A37, or paragraph A112(3)(c) that deals with Article 1F(a).

For hybrid cases involving both paragraphs A112(3)(a), (c) or (d) and paragraph A112(3)(b) cases, the paragraph R172(2)(b) restriction assessments will be coordinated by IRCC MIOB and CBSA DANSC prior to disclosure to the applicant.

Disclosure

The IRCC MIOB analyst returns the assessments referred to in paragraphs R172(2)(a) and (b), including the supporting documentation to the CBSA DANSC. DANSC in turn sends it to the regional CBSA removals office for disclosure. The regional CBSA will disclose the risk and restriction assessments, as well as all documentation used by the decision maker to the applicant.

Note: In exceptional cases, information may be used that cannot be disclosed to the person concerned where the disclosure of this information would be injurious to national security or endanger the safety of any person. In such circumstances, all efforts will be made to provide as much information as possible to the person concerned and to limit the amount of undisclosed information to be considered.

Upon disclosing the risk and restriction package to the applicant, the regional CBSA office will communicate with IRCC MIOB to:

advise once the package has been disclosed to the applicant and their representative
provide an electronic copy of the disclosure letter that has been signed by the applicant
provide the date by which the written submissions by the applicant are to be received (15 days)
advise when they receive written submissions (or fail to receive them)

Procedural fairness

The applicant has 15 days to respond in writing to the information disclosed, sending their submissions directly to the CBSA removals office. Should the applicant or their representative ask for an extension to the 15-day period, the CBSA office will forward the request to DANSC, who will ask IRCC MIOB if they wish to grant the request. MIOB usually agrees to a short period only, barring exceptional circumstances. In rare cases the CBSA will make the extension decision instead of MIOB.

If the extension request comes after the due date, and the PRRA package is already assigned to the senior decision maker, the CBSA removals officer should contact the applicant or representative. The CBSA removals officer should advise them that even though a late submission cannot be refused, there is no guarantee that it will be considered, as it may reach the decision maker after a decision has already been made. The CBSA removals officer should also inform IRCC MIOB so that the senior decision maker can take the submissions into account before finalizing the decision or sending it for delivery.

Receipt of submissions

Upon receipt of the applicant’s submissions, the CBSA removals officer will forward them to the CBSA DANSC, who will forward them to IRCC MIOB. Should the submissions be received by IRCC Social Immigration Operations Division (SIOD) office, they should be sent to the CBSA regional office for action. At MIOB, the documents will be reviewed, and, if necessary, modifications will be made to the paragraph R172(2)(b) assessment.

A new disclosure will be required if any modifications are made following the same steps as previously stated. Once finalized, the entire package will be provided to the senior decision maker at MIOB to render a decision.

Decision and delivery

According to a 2015 Federal Court decision in Thiruchelvam v. Canada (Citizenship and Immigration), 2015 FC 585, the risk assessment must be timely to meet the legislator’s intent to ensure procedural fairness. In the case cited, 6 years between the date of the risk assessment and the balancing of the factors set out in paragraph A113(d) was determined to be too long. Consequently, if a significant amount of time has passed since the initial assessment, the decision maker should turn their mind to the current circumstances of the case and present any findings/changes to the applicant through procedural fairness. This may be done by the originating senior immigration officer or an analyst at IRCC MIOB. In determining whether a reassessment is needed, decision makers should consider the length of the delay since the original risk assessment and the relative stability of the relevant country conditions. Decision makers assigned to these applications should discuss the case with their manager, and if necessary request functional guidance from the Asylum Branch (AB).

The senior decision maker considers the assessments, the supporting documentation and the applicant’s submissions and renders a decision on the application to refuse or grant a Ministerial stay of removal as well as record it in the appropriate systems. MIOB then provides the decision via the CBSA DANSC, to the CBSA removals office. Upon receipt of the decision, the CBSA removals officer calls in the applicant and delivers the decision in person.

Note: According to IL3 – Designation of Officers and Delegation of Authority, positive decisions on subsection A112(3) files fall within the delegation of senior decision makers at MIOB. However, if an applicant with a decision pending at MIOB is no longer excluded under Article 1F or inadmissible under section A34, section A35, subsection A36(1) or section A37 of IRPA, the file should be sent back to SIOD for assignment to a senior immigration officer.

Ministerial stay of removal

A ministerial stay under paragraph A114(1)(b) results if it is determined that the need for protection for a person described in subsection A112(3) outweighs 1 of the following:

the danger to the public in Canada
the danger to the security of Canada
the nature or severity of the acts committed by the applicant

Such stays are subject to review to determine whether the circumstances surrounding a stay have changed. This typically involves an assessment of whether country conditions have changed and the person’s risk under section A97. It may also involve assessing, as per subparagraphs A113(d)(i)&(ii), whether the person has engaged in behaviour that could change the weight given in the balancing of risk and danger to factors related to danger to the public, the nature and severity of acts committed, or the danger that they constitute to the security of Canada. Section R173 outlines procedural requirements of this re-examination.

For information on the duration of regulatory and ministerial stays, reviewing ministerial stays, change in circumstances and the process to review, see Removals and stays of removal

Annex A – PRRA applications from persons inadmissible for serious criminality: former versus current legislation

The following tables highlight the changes between the former and the current legislation as well as the sections of the IRPA under which the applications will be assessed for risk:

Consideration of PRRA applications – senior immigration officer reviews the application

PRRA applicants who have been determined inadmissible for serious criminality	PRRA received before December 15, 2012	PRRA received on or after December 15, 2012
In-Canada conviction punishable by 10 or more years and received a sentence of 2 or more years	Section A97 only	Section A97 only
In-Canada conviction punishable by 10 or more years and received a sentence of less than 2 years	Sections A96 to A98	Sections A96 to A98
Outside Canada conviction that, if committed in Canada, would be punishable by 10 or more years	Section A97 only	Sections A96 to A98 (unless they are found to be a person referred to in Article 1F of the Refugee Convention)