Pre-removal risk assessment (PRRA): Intake

On this page

• Who can apply for a PRRA
• Notification of eligibility to apply for a PRRA
• Stay of removal for PRRA applicants
  • Regulatory stay of removal
  • No stay of removal
• Applicants described in subsection A112(3)
• Persons subject to security certificates
• Subsequent PRRA applicants
• Who cannot apply for a PRRA
  • Protected persons and Convention refugees who obtained their status abroad (non-Refoulement section A115)
  • Persons subject to an authority to proceed under the Extradition Act
  • Refugee claimants coming from a safe third country
  • Certain unsuccessful refugee claimants and previous PRRA applicants
• PRRA bar
  • Unsuccessful refugee claimants applying for their first PRRA
  • Situations where the PRRA bar does not apply
  • Calculating the bar
• Exemptions to the PRRA bar
  • PRRA – Exemption to the bar (table)

Who can apply for a PRRA

Certain persons in Canada may apply for a Pre-removal Risk Assessment (PRRA) if they are subject to a removal order that is in force as per section 49 of the Immigration and Refugee Protection Act (IRPA), or are named in a security certificate described in subsection A77(1). If persons fall under the exceptions set out in subsection A112(2) or under subsection A115(1), they are not eligible for PRRA.

In general, a person may not apply for PRRA before being given notification by the Canada Border Services Agency (CBSA) of their entitlement to do so as set out in section 160 of the Immigration and Refugee Protection Regulations (IRPR). However, certain persons against whom a removal order is made at a port of entry (POE) or who are making a subsequent PRRA application may apply without notification as per subsection R160(2).

Notification of eligibility to apply for a PRRA

Once the person is removal ready, the CBSA officer advises them that they are entitled to apply for a PRRA and provides them the PRRA application kit. The PRRA notification letter informs the person that they have 15 days to submit their application, plus an additional 15 days in which to provide written submissions in support of their application, and where to send the information.

For more information, see ENF 10 - Removals (PDF, 878 KB).

Stay of removal for PRRA applicants

Regulatory stay of removal

Applications received after being notified in person:

When a person is notified in person (as per paragraph R160(4)(a)) of their entitlement to apply for a PRRA, the removal order against them becomes subject to a regulatory stay of removal (section R232) if the person applies within the 15-day application period as per section R162. If the person submits their PRRA application after the 15-day application period has passed, the removal order is no longer stayed.

Applications received after being notified by mail:

When a person is notified by mail (as per paragraph R160(4)(b)) of their entitlement to apply for a PRRA, the removal order against them becomes subject to a regulatory stay of removal (section R232) if the person applies within the 15-day application period as per section R162. Note that, for persons notified by mail, the notification is considered to have been given 7 days after the notification was sent by mail by the CBSA.

The stay is maintained until a decision is made on the application.

For more information, see ENF 10 - Removals (PDF, 878 KB).

No stay of removal

These applications do not result in a stay of the removal order:

• Applications received after 15 days of being notified (section R163)
• Subsequent PRRA applications (section R165)
• Some applications at a port of entry (section R166)

For more information, see subsequent PRRA applications and PRRA applications at the port of entry.

Applicants described in subsection A112(3)

In keeping with the principle that persons such as serious criminals are excluded from refugee protection under the provisions of the United Nations 1951 Convention relating to the Status of Refugees (Refugee Convention), some persons described in subsection A112(3) are not assessed against Refugee Convention grounds. Examples include those excluded under Article 1F, those with serious criminality, involvement in international crimes or who pose a risk to the security of Canada. These PRRA applicants are entitled to a “restricted PRRA”. Restricted PRRAs are only assessed under section A97, and do not result in the conferral of status as a protected person in Canada.

Those who fall under subsection A112(3) and paragraph A113(e) receive consideration under sections A96 to A98. However, as their application is still “restricted”, it does not result in conferral of protected person status. Positive decisions result in a reviewable stay of removal.

For more information, see Restrictions on access to protection.

Persons subject to security certificates

Permanent residents and foreign nationals may be the subject of a certificate, signed by the Minister of Citizenship and Immigration and the Minister of Public Safety, stating that they are inadmissible on grounds of security, violating human or international rights, serious criminality or organized criminality as per subsection A77(1).

These persons may be eligible for a PRRA. Please consult with the Asylum Branch (AB).

Subsequent PRRA applicants

A person whose PRRA application was refused and who has remained in Canada since being given notification under section R160 may apply for a subsequent PRRA as per section R165 as long as they are not subject to the 12-month bar on PRRA applications. For more information, see Who cannot apply for PRRA, below.

However, subsequent PRRA applicants do not benefit from a regulatory stay of removal. Paragraph A113(a) prescribes the evidence which an applicant can submit for the subsequent PRRA application. This limits the applicant to new evidence that has arisen 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 13-17 for the full governing test for paragraph A113(a).

A person may not apply for a subsequent PRRA if they are subject to the 12-month PRRA bar. For more information, see PRRA bar below.

Who cannot apply for a PRRA

Outlined below are persons who cannot apply for PRRA. The exceptions generally relate to persons who already have protection or have other means of seeking protection.

Protected persons and Convention refugees who obtained their status abroad (Non-Refoulement section A115)

In general, persons in Canada who are recognized as protected persons or Convention refugees by another country shall not be removed from Canada to a country where they would be at risk of persecution, or at risk of torture or cruel and unusual treatment or punishment. Subsection A115(1) of IRPA describes this situation, which is legally termed non-refoulement. Subsection A115(2) lists the exceptions to non-refoulement.

Pursuant to subsection A112(1), persons described in section A115 are not entitled to apply for a PRRA. However, if the person alleges risks in the country or countries to which they could be removed, their risks will be assessed. This kind of assessment is called a section A115 assessment.

For more information, see Section A115 - Non-refoulement assessments.

Persons subject to an authority to proceed under the Extradition Act

The authority to proceed (ATP) issued under section 15 of the Extradition Act is issued by the Department of Justice once it has sufficient documentation from the requesting country to proceed with an extradition hearing. A confirmation of the ATP is sent to the IRCC Migration Integrity Operations Branch (MIOB), who will place an Extradition info-alert in the Global Case Management System (GCMS), indicating that the ATP has been issued. Once an ATP has been issued, the person is not entitled to apply for a PRRA pursuant to paragraph A112(2)(a). If the ATP is issued after the PRRA application has been made, the PRRA decision maker assigned to assess the application should consult with the Asylum Branch (AB).

Refugee claimants coming from a safe third country

A person is not entitled, pursuant to paragraph A112(2)(b), to apply for a PRRA if their claim for refugee protection was determined to be ineligible for referral to the Immigration and Refugee Board of Canada (IRB) under paragraph A101(1)(e) because they came to Canada directly or indirectly from a safe third country. A safe third country is a country designated by the IRPR, other than the person’s country of nationality or, if the person is stateless, the person’s country of former habitual residence. To date, only the United States of America has been designated a safe third country.

For more information, see Processing in-Canada claims for protection under the Safe Third Country Agreement (STCA).

Certain unsuccessful refugee claimants and previous PRRA applicants

Certain unsuccessful refugee claimants or previous PRRA applicants may be barred from applying for PRRA. For more information, see PRRA bar below.

PRRA bar

Certain unsuccessful refugee claimants or previous PRRA applicants may be barred from applying for PRRA as described in subsection A112(2).

Before notifying an unsuccessful refugee claimant of their entitlement to apply for a PRRA further to section R160, the CBSA removals officer must verify if the person is subject to the 12-month PRRA bar.

In exceptional circumstances, for persons who are barred from applying for PRRA, the CBSA may request that IRCC reviews a request for a PRRA bar waiver under section A25.1 in the context of a request to defer removal.

For more information, see ENF10 - Removals (PDF, 878 KB).

Unsuccessful refugee claimants applying for their first PRRA

The following persons are not eligible to apply for a PRRA for a period of 12 months:

• Persons who have received a negative decision, including rejections, withdrawals and abandonments, from the IRB on a claim for refugee protection
• Persons who have received a negative decision, including refusals, withdrawals and abandonments, from IRCC on a previous PRRA application
• Persons who have received a negative decision from the Federal Court (FC), on an application for leave or judicial review regarding a claim for refugee protection or a PRRA decision

Situations where the PRRA bar does not apply

The PRRA bar does not apply to people whose

• refugee claim has been rejected on the basis of section E or F of Article 1 of the Refugee Convention
• refugee protection has been vacated under subsection A109(3)

Calculating the bar

The bar is calculated from the date of the most recent Refugee Protection Division (RPD), Refugee Appeal Division (RAD) or PRRA decision or from the date of the FC decision refusing the application for leave or dismissing the judicial review application of a negative RPD, RAD or PRRA decision.

This PRRA bar calculation date is the date:

• of the decision, if it is given orally at a hearing, when an IRB member states the decision and gives the reasons
• an IRB member signs and dates the reasons for the decision, if the decision is made in writing
• of the PRRA decision maker’s written decision (following a PRRA)
• the application for leave of the RPD, RAD or previous PRRA decision is denied by the FC
• the judicial review of the RPD, RAD or previous PRRA decision is rejected by the FC

Note: As per paragraphs A112(2)(b.1) and (c) the bar begins on the day of the decision of the claim/appeal/application. The last day of the PRRA Bar is the day before the 12-month anniversary of the decision date.

The PRRA bar is triggered by a decision that has been rendered on the merits. If the FC dismisses an application in which the merits of the original RPD/RAD/PRRA decision were not examined, the dismissal does not trigger the PRRA bar. For example, the PRRA bar would not be triggered by a decision dismissing a FC application due to the applicant’s failure to perfect their application. Similarly, the PRRA bar would not be triggered by a FC application that was abandoned or withdrawn by the applicant because there would be no decision from the Court.

Exemptions to the PRRA bar

There may be exemptions to the PRRA bar for persons who have lost their protected person status as a result of the vacation of their refugee protection. Officers assigned to these applications should discuss the case with their manager, and if necessary request functional guidance from the Asylum Branch (AB).

Under subsection A112(2.1), the Minister of Citizenship and Immigration may exempt from the 12-month bar nationals or former habitual residents of a country where conditions have changed such that certain people could be subject to a risk within the meaning of sections A96 and A97.

Exemptions under subsection A112(2.1) are in place for nationals from the following countries:

PRRA – Exemptions to the bar (table)