Pre-removal risk assessment — scope and limits
Overview
The Pre-Removal Risk Assessment (PRRA) under ss 112–116 of IRPA is a mechanism that allows a person facing removal from Canada to request an assessment of the risks they would face in their country of removal. PRRA is not available to persons who have had a refugee claim determined within the preceding 12 months (the "1-year bar"). For persons who have had a refugee claim rejected, the PRRA is restricted to new evidence — evidence that arose after the RPD/RAD decision or that the applicant could not reasonably have obtained for the refugee hearing.
PRRA is a last-resort protection mechanism before removal. It does not provide a full re-hearing — it is specifically designed to address risks that have arisen or changed since the refugee determination. For persons who have never had a refugee claim (e.g., failed LMIA applicants or visa overstayers), PRRA provides a first assessment of protection risks.
Legal basis
- IRPA s 112 — eligibility to apply for PRRA; who may and may not apply
- IRPA s 113(a) — for persons who have had a refugee claim rejected, only evidence that arose after the rejection or that was not reasonably available at the time may be presented
- IRPA s 113(b) — new evidence may be presented; an oral hearing may be held where credibility is at issue
- IRPA s 114 — the effect of a positive PRRA decision: the person is granted protected person status and may apply for permanent residence
- IRPA s 115 — a positive PRRA results in s 115 non-refoulement protection
How it works
Eligibility for PRRA
Most persons subject to a removal order may apply for PRRA. However, the following persons are not eligible:
- Persons who have received a negative refugee decision (from RPD/RAD) within the preceding 12 months
- Persons who are inadmissible on grounds of security, human rights violations, or serious criminality — unless they can demonstrate they would be at risk of torture (which may still engage the s 115 analysis)
- Persons who have voluntarily returned to their country of origin since their original departure
- Persons who are recognized as protected persons in another country to which they can return
The scope of PRRA risks assessed
PRRA officers assess risks under:
- Section 96 — risk of persecution on Convention grounds (race, religion, nationality, PSG, political opinion)
- Section 97 — risk to life, torture, or cruel and unusual treatment
For persons who have had a refugee claim rejected, the PRRA officer is restricted to new evidence — the officer does not re-examine the grounds already considered by the RPD/RAD unless new evidence changes the picture.
The new evidence restriction (s 113(a))
For rejected refugee claimants, only "new" evidence is admissible. Evidence is "new" if it:
- Arose after the RPD/RAD decision; or
- Was not reasonably available before the hearing; or
- Could not reasonably have been expected to have been presented at the hearing
Changed country conditions since the refugee determination are a common basis for PRRA applications.
Effect of a positive PRRA
If the PRRA application is accepted, the person is granted protected person status under s 114(1)(a). This triggers the s 115 non-refoulement protection, prevents removal, and allows the person to apply for permanent resident status in Canada.
Effect of a negative PRRA
A negative PRRA means removal may proceed. The applicant may seek leave for judicial review of the negative PRRA decision in the Federal Court within 15 days. A stay of removal may also be sought pending judicial review.