Processing PRRA applications: 115(1) cases - Non-refoulement Assessment

If a person who is a protected person in Canada, or a Convention refugee in a country to which they may be returned, claims to be at risk in the country to which they are facing removal (this typically being the country of origin or country in which the person was found to be a Convention refugee), the person can only be removed if they will not be at risk in the country of destination.

The removals officer notifies the person that they have 30 days to make submissions in support of any contention of risk in the country that recognized the person as a Convention refugee. Served in person or by mail, this letter indicates that the CBSA will proceed with removal if no submissions are received. The person is also given a submissions form (IMM 5535) to complete.

If no submissions are received after 30 days, and the removals officer has no reason to believe that the person would be at risk in the country of destination, removal arrangements continue.

If submissions are received, the file is referred to a PRRA Unit for risk assessment. The PRRA officer carries out a risk assessment based on the protection grounds as enumerated in A115(1).

The PRRA officer returns the file and assessment to the CBSA removals office. The removals officer decides, on the basis of the assessment, whether there is reason to believe that the person would be at risk in the country of destination. If no risk exists, the removals officer proceeds with removal arrangements.

If the removals officer determines, on the basis of the assessment, that the person would be at risk, that finding has the effect of preventing removal to that country. The removals officer informs the person of the decision that removal to that country will not take place. The removals officer informs the person that the suspension of removal is temporary and may be subject to review in the event of a change in circumstances.

A115(1) does not apply to persons who cannot be returned to the country in which they were recognized as Convention refugees. Such persons would not be considered described in A115(1) and would normally be entitled to apply for a PRRA.