Pre-removal risk assessment (PRRA): General policy

On this page

• General policy
• The Charter and PRRA

General policy

Pre-removal risk assessment (PRRA) assists in ensuring that Canada’s immigration and refugee protection system meets its international obligations, as well as those under the Canadian Charter of Rights and Freedoms (the Charter). PRRA is found in Division 3 of Part 2 of the Immigration and Refugee Protection Act (IRPA), sections 112-114.

Most PRRA applications are considered on the same consolidated protection grounds considered by the Immigration and Refugee Board of Canada (IRB), as provided in sections A96 and A97. Among other things, these grounds are based on Canada’s obligation under:

• The United Nations 1951 Convention relating to the Status of Refugees (Refugee Convention), supplemented by its 1967 Protocol
• The United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment

Approved PRRA applications result in the same refugee protection afforded to persons whose refugee claims are approved by the IRB as per paragraph A114(1)(a). Certain cases under subsection A112(3) are considered under more limited grounds. If approved, they do not result in the same type of refugee protection. These cases are described in the section entitled Applicant restrictions on access to protection.

In many cases, a PRRA decision can be made based on the applicant’s written representations, without an oral hearing. However, the IRPA gives a PRRA decision maker the ability to hold an oral hearing based on a series of factors identified in the Immigration and Refugee Protection Regulations (IRPR). The IRPA also dictates that some hearings are mandatory as defined in section A113.01.

Persons subject to a removal order that is in force may apply for a PRRA, with the exceptions outlined in subsections A112(1) and A112(2). The Canada Border Services Agency (CBSA) notifies a person of their eligibility to apply, although port of entry and subsequent PRRAs may follow a slightly different procedure.

PRRA applicants may be divided into 4 overall applicant types:

• people whose refugee claims have been rejected (this includes withdrawn or abandoned claims), and more than 12 months have passed – see Intake procedures for more information on the 12-month PRRA bar
• people whose refugee claims are ineligible for referral to the IRB, except those whose claims are ineligible vis-à-vis the Safe Third Country Agreement
• other persons who never previously sought refugee protection in Canada and are now facing removal or are named in a certificate described in subsection A77(1)
• previous PRRA applicants who are still in Canada, and more than 12 months have passed since Immigration, Refugees and Citizenship Canada (IRCC) rendered the negative decision – see Intake procedures for more information on subsequent PRRAs

In cases where the applicant’s refugee claim has been rejected by the IRB, the PRRA is restricted to new evidence that arose after the rejection or evidence that was not reasonably available at the time of the rejection per paragraph A113(a).

A PRRA application is not an appeal of a negative refugee claim decision, but rather an assessment based on new facts or evidence demonstrating that the person is now at risk of persecution, danger of torture, risk to life or risk of cruel and unusual treatment or punishment.

Paragraph A113(a), referred to as the new evidence rule, applies to subsequent PRRA applications, as per Thamotharampillai v. Canada (Citizenship and Immigration), 2016 FC 352. Paragraph A113(a) limits the applicant to new evidence that arose after the rejection or was not reasonably available, or that the applicant could not reasonably have been expected in the circumstances to have presented, at the time of the rejection. See Raza v. Canada (Citizenship and Immigration), 2007 FCA 385 at paragraphs 13 to 17 for the full governing test for paragraph A113(a).

For more information on new evidence, see Processing procedures and guidelines. In other cases where there has never been a previous assessment of risk, such as when the applicant’s refugee claim was ineligible for referral to the IRB or they did not make a refugee claim, there would be no previous decision to take into consideration. PRRA decision makers would base their determination of risk on any written evidence the applicant may wish to present for consideration and any additional information provided during an oral hearing.

For more information on oral hearings, see Oral hearings.

The Charter and PRRA

Canada is bound by the Charter and international obligations to assess risk prior to removing a person to a country of alleged persecution or danger of torture, risk to life, or risk of cruel or unusual treatment or punishment. PRRA stems from these obligations. While PRRA decision makers do not have the authority of a court to rule on the constitutionality of legislative provisions, they are required to apply the law in a manner consistent with the Charter.

When initial or subsequent PRRA submissions raise Charter or other legal questions, the PRRA decision maker should discuss the case with their manager. If further clarification is needed, the manager seeks functional guidance or legal advice on the Charter implications through a functional guidance request. The manager sends a request to the Asylum Branch (AB).

The PRRA decision maker defers a decision on the application until functional guidance is provided by AB and puts a note to that effect on the applicant’s PRRA in the Global Case Management System (GCMS).