Pre-removal risk assessment (PRRA): Timelines, inland and port of entry (POE) applications

On this page

• Applications made within 15-day period after inland PRRA notification
• Applications made after expiration of the 15-day period and subsequent applications
• Applications made by persons at the port of entry (POE) and across the entire land border
• Applications made by persons who are issued a removal order at the POE
• Applications for persons who have departed Canada without obtaining a Certificate of Departure and have subsequently arrived at the POE
• Applications made by persons subject to security certificates – subsection A77(1)

Applications made within 15-day period after inland PRRA notification

PRRA applications must be submitted to Immigration, Refugees and Citizenship Canada (IRCC) within 15 days of receipt of the PRRA notification for the applicant to be afforded continuation of the regulatory stay of removal per section 232 of the Immigration and Refugee Protection Regulations (IRPR). If a person does not submit their application within 15 days of notification, the regulatory stay ends, and the removal order becomes enforceable. In most instances, the Canada Border Services Agency (CBSA) will hand-deliver the PRRA notification to the applicant. However, if the PRRA notification is mailed, the date of notification begins 7 days after the CBSA sends the notification. 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 working day.

An application is deemed submitted on the date that it is postmarked. When the application is 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 the number of submissions that an applicant can provide in support of their PRRA. The only requirement is that they be received before the decision is delivered by the CBSA. If no submissions are received by IRCC, the PRRA decision maker makes a decision based on the risk identified in the application and the information on file. If the application is received after the 15-day time-frame, it is treated as a late PRRA and there is no stay of removal as per section R163.

If a person does not wish to apply for a PRRA, they must complete the Statement of no Intention attached to the PRRA Notification Letter. Once received by the CBSA, removal arrangements may proceed.

If a person signals, they have no intention of applying for PRRA, but they change their mind and subsequently submit their application within the 15-day time-frame, it should still be treated as their first PRRA application (in the sense of benefiting from the regulatory stay).

If the person is not entitled to PRRA because they are a protected person or a person who is recognized as a Convention refugee by another country to which they may be returned, please see Section A115 cases – non-refoulement assessments for information on timelines.

Applications made after expiration of the 15-day period and subsequent applications

The written submissions must accompany the application form. The PRRA decision maker does not have to wait for additional submissions and may assess the application and render a decision immediately. The PRRA decision maker is to consider all submissions received at any time up until the CBSA delivers the decision. The applicant does not benefit from a stay of removal per section R232 when the application is not received within the 15-day deadline or when a subsequent application is submitted.

Applications made by persons at the Port of Entry (POE) and across the entire land border

During a border services officer’s examination of a person seeking entry to Canada, the person may state that they are seeking refugee protection. If this statement is made once a removal order has been made, the person subject to that removal order may not make a refugee claim as per subsection 99(3) of the Immigration and Refugee Protection Act (IRPA). However, persons who assert risk after becoming subject to a removal order that is in force are usually entitled to apply for a PRRA.

For more information on CBSA procedures, see ENF 4 – Port of Entry Examinations (PDF, 1.82MB) and ENF 10 – Removals (PDF, 977 KB).

Applications made by persons who are issued a removal order at the POE

Persons not entitled to apply for PRRA are those:

• described in section A115, see Section A115 cases – non-refoulement assessments for further information 
• subject to 1 of the exceptions at subsection A112(2)
• whose refugee claims are ineligible for referral to the Immigration and Refugee Board of Canada pursuant to the Safe Third Country Agreement as per paragraph A101(1) (e)

Once the border services officer has determined they are entitled to apply for PRRA, the border services officer:

• gives the person the PRRA application kit and form IMM 5508
• gives the person the instruction Guide 5523 to applying for PRRA, available publicly

A PRRA application at the POE does not result in a stay of removal.

Consequently, in these cases the border services officer:

• instructs the person to complete the application and submit it immediately
• informs the person that written submissions, if any, must accompany the application as per section R166

Applications for persons who have departed Canada without obtaining a Certificate of Departure and have subsequently arrived at the POE

When a person arrives at the POE with an unenforced removal order, they may be eligible to be notified of their entitlement to submit a PRRA application and may benefit from a stay of removal as per section R232. Section R162 gives the timelines for applications made within the 15-day period after PRRA notification.

For more information, see ENF 10 – Removals (PDF, 977 KB).

Applications made by persons subject to security certificates – subsection A77(1)

For more information, see subsection A77(1).

For guidance on these cases, please contact the Asylum Branch (AB).