Section 114 — PRRA — effect of decision
Text of provision
(1) A decision to allow the application for protection has
(a) in the case of an applicant not described in subsection 112(3), the effect of conferring refugee protection; and
(b) in the case of an applicant described in subsection 112(3), the effect of staying the removal order with respect to a country or place in respect of which the applicant was determined to be in need of protection.
(2) If the Minister is of the opinion that the circumstances surrounding a stay of the enforcement of a removal order have changed, the Minister may re-examine, in accordance with paragraph 113(d) and the regulations, the grounds on which the application was allowed and may cancel the stay.
(3) If the Minister is of the opinion that a decision to allow an application for protection was obtained as a result of directly or indirectly misrepresenting or withholding material facts on a relevant matter, the Minister may vacate the decision.
(4) If a decision is vacated under subsection (3), it is nullified and the application for protection is deemed to have been rejected.
Plain English
Section 114(1) provides that if a PRRA application is accepted, the Minister shall allow the applicant to remain in Canada and may impose conditions. Section 114(2) provides that an applicant whose PRRA is accepted becomes a protected person.
Once protected person status is established, the person is eligible to apply for permanent residence under the refugee protection class. The Minister may impose conditions such as a requirement to report periodically.
Practical effect
A successful PRRA gives a person protected person status equivalent to a positive RPD decision — they are entitled to apply for permanent residence. Given the low success rates for rejected claimants at PRRA (typically under 5%), most PRRA applicants are unsuccessful and face removal. For persons who cannot be removed because of s 115 non-refoulement obligations but whose PRRA is not accepted, the practical outcome is a prolonged period in Canada without status — a situation that may eventually be resolved through H&C applications or Ministerial relief.