Processing PRRA applications: Eligibility

PRRA applications must be submitted within 15 days of receipt of the PRRA notification for the applicant to be afforded continuation of the regulatory stay of removal. If an individual does not submit their application within 15 days of notification, the regulatory stay ends. In most instances, the PRRA notification will be hand delivered to the applicant. However, if the PRRA notification is mailed, an additional seven days is provided for mailing (7+ 15 = 22 days). The deadline is calculated in calendar days, commencing with the day following the delivery of the notice, and ending at midnight on the fifteenth day. If the fifteenth day is a Saturday, Sunday or federal statutory holiday [or day designated in lieu thereof], the deadline for submitting the application is midnight on the next day that is not a Saturday, Sunday or federal statutory holiday.

An application is deemed to have been submitted on the date that it is postmarked. When the application has been submitted within the 15 day time-frame, the applicant has an additional 15 days (30 days total from the date of notification) to provide written submissions. A decision cannot be rendered before this 30-day period expires. There is no specific cut-off date for additional submissions or restrictions on their number. The only requirement is that they be received before the decision is made. If no submissions are received, the PRRA officer makes a decision based on the risk identified in the application and the information on file.

If a PRRA candidate does not wish to apply, they may complete a declaration of intent attached to the PRRA Notification. Once received by the CBSA, removal arrangements proceed.

Applicants may decide to be represented by counsel, at their own expense.

For an application made after the 15 day application period, or where an individual makes multiple applications.

The written submissions must accompany the application. The PRRA officer does not have to wait for subsequent submissions, and may assess the application and render a decision immediately. This does not preclude the PRRA officer from receiving and considering a submission at any time up until a decision is made. The applicant does not benefit from a stay of removal when the application is not received within the 15 day deadline.

During the examination of a foreign national seeking entry to Canada, the person may state that they are seeking refugee protection. If this statement is made before any removal order has been issued, the person is considered to be making a refugee claim. However, once a removal order has been made, the person subject to that removal order may not make a refugee claim [as per A99(3)].

If a person asserts risk at a POE after having become subject to a removal order that is in force, they are entitled to apply for a PRRA [unless they are described in A115 or subject to one of the exceptions at A112(2) ]. They are given the PRRA application kit, and the application must be completed and submitted immediately. Written submissions, if any, must accompany the application [R166]. As a POE PRRA application does not result in a stay of removal, the person may be removed before their application is assessed.

However, officers have the discretion to defer removal administratively. Officers should consider whether there may be genuine protection concerns or whether the person is applying simply as a means of gaining entry to Canada. Objective factors to consider include whether the applicant:

• has indicated more than one nationality;
• has permanent residence in a country other than the country in respect of which they are seeking refugee protection;
• faces criminal prosecution that could result in the death penalty.

When deciding whether to defer removal, officers may also consider published Refugee Protection Division acceptance rates. The applicant should be given the benefit of the doubt.

Please contact Operational Management and Coordination (OMC) for guidance on security certificate cases.