Pre-removal risk assessment (PRRA): Removals and stays of removal

On this page

• Country of removal
• Stays of removal
  • Duration of regulatory and Ministerial stays
  • Review of Ministerial stay of removal
  • When to review: Change in circumstances
  • Process for review of stay of removal

Country of removal

Per paragraph 4(2)(b) of the Immigration and Refugee Protection Act (IRPA), the Minister of Public Safety and Emergency Preparedness is responsible for the administration of IRPA as it relates to its enforcement, including removal.

Removals must proceed in accordance with section 241 of the Immigration and Refugee Protection Regulations (IRPR), which states:

1. (1) If a removal order is enforced under section 239, the foreign national shall be removed to
   1. (a) the country from which they came to Canada;
   2. (b) the country in which they last permanently resided before coming to Canada;
   3. (c) a country of which they are a national or citizen; or
   4. (d) the country of their birth.
2. (2) If none of the countries referred to in subsection (1) is willing to authorize the foreign national to enter, the Minister shall select any country that will authorize entry within a reasonable time and shall remove the foreign national to that country.
3. (3) Despite section 238 and subsection (1), the Minister shall remove a person who is subject to a removal order on the grounds of inadmissibility referred to in paragraph 35(1)(a) of the Act to a country that the PS Minister determines will authorize the person to enter.

Stays of removal

Duration of regulatory and Ministerial stays

Section R232 states that a stay is effective until the earliest of the following events occurs:

• Immigration, Refugees and Citizenship Canada (IRCC) receives confirmation in writing from the person that they do not intend to apply for PRRA
• the person does not apply within the period provided under section R162 (15 days after notification)
• the PRRA application is rejected
• if a decision to allow the application for protection is made under paragraph A114(1)(a), the decision with respect to the person’s application to remain in Canada as a permanent resident is made
• in the case of a person to whom subsection A112(3) applies, the stay is re-examined under subsection A114(2) and the Minister of Citizenship and Immigration cancels the stay

There is no obligation under IRPA for a protected person to apply for permanent residence (PR). After the positive PRRA decision is communicated to the applicant, the removal order is no longer enforceable. If a protected person applies for PR, and that application is refused, they continue to hold protected person status.

Review of Ministerial stay of removal

When the application for protection made by an applicant who is referred to in subsection A112(3), including an applicant who is named in a certificate described under subsection A77(1), is allowed, this decision results in a stay of the removal order concerning a country or place in respect of which the person is in need of protection.

The stay is applicable for an indefinite duration. However, the Minister of Citizenship and Immigration may, pursuant to subsection A114(2), re-examine the circumstances surrounding a Ministerial stay of the enforcement of a removal order at their discretion. The re-examination procedures contained in subsection R173(1) require that the person concerned is to receive the following documents:

• a notice of re-examination
• a written assessment on the basis of the factors set out in section A97
• a written assessment on the basis of the factors set out in subparagraphs A113(d)(i) or (ii) as the case may be

When to review: Change of circumstances

A stay may be reviewed on the basis of a change of circumstances affecting a person’s risk factors under section A97, including changes with respect to the country conditions or with respect to the person. It may also be reviewed on the basis of changes to the paragraph A113(d) assessment pertaining to the danger the person poses to the public or to the security of Canada, or the nature and severity of the acts committed.

Process for review of stay of removal

The Canada Border Services Agency (CBSA) monitors the subsection A112(3) list of those who have received a stay of removal. When the CBSA is of the view that the circumstances surrounding a stay have changed and a review is warranted, a notice of re-examination, referred to in paragraph R173(1)(a), will be sent to the person as well as relevant documents with respect to the reasons why the stay is reviewed along with the previous decision. The person will be given 15 days to make submissions to the Social Immigration Operations Division (SIOD) intake office in response to the notice of re-examination and accompanying documents. The CBSA will concurrently notify IRCC SIOD and IRCC Migration Integrity Operations Branch (MIOB) that they are initiating a cancellation of stay request under subsection A114(2).

The person’s submissions regarding risk will be assessed by a senior immigration officer against the factors in section A97, as per paragraph R173(1)(b). The senior immigration officer will assess whether the applicant is at risk, and the senior immigration officer or program support staff will send the assessment to the CBSA removals office who will then forward it to the MIOB. Should the MIOB senior decision maker determine that the applicant is not at risk, the stay of removal will be cancelled, and the CBSA will resume the removal proceedings.

If the senior immigration officer finds that the applicant faces personalized risk as described in section A97, that will be the assessment referred to in paragraph R173(1)(b). The senior immigration officer or program support staff will send the assessment to the CBSA removals office.

The CBSA removals office and the CBSA Danger Assessments & National Security Cases Unit (DANSC) will prepare supporting documentation regarding the restrictions set out in paragraphs A112(3)(a), (b), (c), and subparagraphs A113(d)(i) or (ii), as applicable, and send the supporting documentation regarding these restrictions, as well as the PRRA assessment and supporting documents, to MIOB at IRCC. In paragraph A112(3)(a) cases, and paragraph A112(3)(c) cases where the person was excluded on the basis of paragraph F(a) or (c) of Article 1 of the United Nations 1951 Convention relating to the Status of Refugees, DANSC will also prepare an assessment in accordance with paragraph R173(1)(c) as described below, before sending the case to MIOB.

An analyst at MIOB or the DANSC, as applicable, will prepare an assessment, in accordance with paragraph R173(1)(c) with respect to whether the person is a danger to the public, or a danger to the security of Canada, or the nature or severity of the acts committed by the person are such that the person should be removed from Canada. The assessments referred to in paragraphs R173(1)(b) and (c), including the supporting documentation, and any new extrinsic evidence related and central to the assessment, are disclosed to the person via the CBSA removals office.

These assessments are usually given to the person by hand. If sent by courier or registered mail, they are deemed received 7 days after the day they are mailed to the last address provided. The applicant will have 15 days to make further submissions, and may request an extension of time to respond. IRCC has the discretion to grant an extension. In determining whether to grant an extension, officers should consider the reasonableness of the request and the need to ensure the fairness and efficiency of the proceeding.

Once the applicant’s submissions are received, the CBSA forwards them to MIOB. A senior decision maker will make a decision to cancel or maintain the stay. The stay will be maintained if the senior decision maker is of the opinion that the risks that the person would face upon removal outweigh the danger they constitute to the public in Canada, or to the security of Canada, or the nature and severity of the acts committed as the case may be. However, should the senior decision maker decide that the risk to the person no longer exists, or that it is outweighed by the danger they constitute to the public in Canada, or to the security of Canada, or the nature and severity of the acts committed, as the case may be, the stay will be cancelled. MIOB will communicate the decision to the CBSA and the CBSA informs the person. If the decision is to cancel the stay, the removal process resumes.