Section 112 — Pre-removal risk assessment
Text of provision
(1) A person in Canada, other than a person referred to in subsection 115(1), may, in accordance with the regulations, apply to the Minister for protection if they are subject to a removal order that is in force or are named in a certificate described in subsection 77(1).
(2) Despite subsection (1), a person may not apply for protection if
(a) they are the subject of an authority to proceed issued under section 15 of the Extradition Act;
(b) they have made a claim to refugee protection that has been determined under paragraph 101(1)(e) to be ineligible;
(b.1) subject to subsection (2.1), less than 12 months, or, in the case of a person who is a national of a country that is designated under subsection 109.1(1), less than 36 months, have passed since
(i) the day on which their claim for refugee protection was rejected — unless it was deemed to be rejected under subsection 109(3) or was rejected on the basis of section E or F of Article 1 of the Refugee Convention — or determined to be withdrawn or abandoned by the Refugee Protection Division, in the case where no appeal was made and no application was made to the Federal Court for leave to commence an application for judicial review, or
(ii) in any other case, the latest of
(c) subject to subsection (2.1), less than 12 months, or, in the case of a person who is a national of a country that is designated under subsection 109.1(1), less than 36 months, have passed since
(i) the day on which their application for protection was rejected or determined to be withdrawn or abandoned by the Minister, in the case where no application was made to the Federal Court for leave to commence an application for judicial review, or
(ii) in any other case, the later of
(d) [Repealed, 2012, c. 17, s. 38]
(2.1) The Minister may exempt from the application of paragraph (2)(b.1) or (c)
(a) the nationals — or, in the case of persons who do not have a country of nationality, the former habitual residents — of a country;
(b) the nationals or former habitual residents of a country who, before they left the country, lived in a given part of that country; and
(c) a class of nationals or former habitual residents of a country.
(2.2) However, an exemption made under subsection (2.1) does not apply to persons in respect of whom, after the day on which the exemption comes into force, a decision is made respecting their claim for refugee protection by the Refugee Protection Division or, if an appeal is made, by the Refugee Appeal Division.
(2.3) The regulations may govern any matter relating to the application of subsection (2.1) or (2.2) and may include provisions establishing the criteria to be considered when an exemption is made.
(3) Refugee protection may not be conferred on an applicant who
(a) is determined to be inadmissible on grounds of security, violating human or international rights or organized criminality;
(b) is determined to be inadmissible on grounds of serious criminality with respect to a conviction in Canada of an offence under an Act of Parliament punishable by a maximum term of imprisonment of at least 10 years or with respect to a conviction outside Canada for an offence that, if committed in Canada, would constitute an offence under an Act of Parliament punishable by a maximum term of imprisonment of at least 10 years;
(c) made a claim to refugee protection that was rejected on the basis of section F of Article 1 of the Refugee Convention; or
(d) is named in a certificate referred to in subsection 77(1).
Plain English
Section 112 allows a foreign national whose claim has been rejected, or who is otherwise subject to removal, to apply for a Pre-Removal Risk Assessment (PRRA). The PRRA officer assesses whether removal would expose the person to the risks set out in ss 96 (Convention refugee) and 97 (person in need of protection).
Section 112(2) sets out who is not eligible for a PRRA: persons who made a refugee claim that was found ineligible under s 101(1)(e) (Safe Third Country), and persons on whom refugee protection was conferred and later ceased.
Section 112(3) restricts the scope of PRRA for rejected claimants — they may generally only raise new evidence that arose after the RPD rejection or evidence that was not reasonably available before.
Practical effect
The PRRA is the last protection review before removal. If the PRRA is accepted, the person becomes a "protected person" under s 95(2) and removal is halted. If rejected, removal proceeds.
PRRA applicants generally do not have a right to an oral hearing — the process is written-only in most cases. The standard of proof is the balance of probabilities for the underlying facts; the risk assessment is prospective.