If you are a person living in Canada and find yourself facing removal proceedings, you may qualify under a program that could put a halt to those proceedings and allow you to remain in Canada. The rules regarding this program and for those who are eligible for consideration are very technical and complex.
Pre-Removal Risk Assessment
A “Pre-Removal Risk Assessment” (PRRA) is an analysis conducted by an Officer that looks at the likelihood that you would face persecution or other adverse consequences if you were removed from Canada and returned to your country of origin.
As a general matter, you may not apply for a PRRA unless the Canada Border Services Agency (CBSA) has notified you that you may do so, and provided you with a “Notification Regarding a Pre-Removal Risk Assessment.” If you do receive such a document, that means you have been given the opportunity to apply for a PRRA. The time for completing you application and submitting the supporting forms and information is extremely short: You will have only 15 days after you receive the notification to apply, though you will be given an additional seven days to apply if you receive your notification by mail. You will then have an additional 15 days to file submissions or arguments in support of your application. Your removal order will be suspended during the time that the PRRA is being considered.
In evaluating your application, CIC will look generally for evidence that you face the following circumstances if you were to return to your country of origin:
- risk of persecution as defined in the Geneva Convention,
- danger of torture, and
- risk to your life or the risk that you may be subjected to cruel and unusual treatment or punishment.
If your PRRA application is approved, you will likely become a “protected person” who may become eligible to apply for permanent residency. However, if your application is rejected, the stay of your removal order will be lifted and you will have to leave Canada, though you may be able to apply to the Federal Court of Canada for a review of the PRRA officer’s determination. It is important to understand that the success rate on PRRA applications is very low but that every case depends on its’ own facts and circumstances.
Given that qualifying for a PRRA can be your last lifeline for remaining in Canada, it is highly advisable that you retain an experienced immigration lawyer to assist you in preparing and submitting your application. It is imperative that you prepare the strongest possible application and do so in a timely and complete fashion. The time to apply is short and the forms and information that you are required to submit are numerous and complex. Don’t take risks or shortcuts.
LARRY BUTKOWSKY: CANADIAN IMMIGRATION LAW, EXCLUSIVELY.
With more than two decades of experience focused exclusively on immigration and refugee law, Larry Butkowsky has earned the respect of the Toronto legal community and the gratitude of many satisfied clients. He is committed to protecting his clients’ rights and making sure that they achieve their Canadian immigration dreams. Call (416) 979-2127 to discuss your matter.
This article has been prepared by Butkowsky Immigration Law for informational purposes only and does not, and is not intended to, constitute legal advice. The information is not provided in the course of an attorney-client relationship and is not intended to substitute for legal advice from an attorney licensed in your jurisdiction.