This option is available to ensure that people removed from Canada do not run the risk of further danger or risk of persecution if removed from Canada. If you’re being removed from Canada, you may be eligible for a pre-removal risk assessment (PRRA). In most cases, you must wait 12 months before you can apply for PRRA after you get a negative decision from:
- The Immigration and Refugee Board (IRB) on a refugee claim
- Immigration, Refugees and Citizenship Canada (IRCC) on another PRRA application
This includes if your application is: rejected, abandoned, or withdrawn. Your application must be completed and submitted in, 15 days, if you get the forms in person or 22 days if you get the form and the guide in the mail.
You will not be removed you from Canada until you inform CBSA that; (1). You don’t plan to apply for a PRRA, (2). You miss the application deadline, (3). You refuse your PRRA application OR (4). You withdraw or abandon your PRRA application.
At Topmarké we assist you with your application preparation, this includes:
- An explanation of the risk you would face if you leave Canada and
- Review of the documents or evidence to demonstrate that risk
If your PRRA application claim is accepted, you will become a protected person. Then you can apply for permanent residence. There are some exceptions whereby your application might be accepted but you will not be eligible to become a protected person. In addition, if your claim is rejected, you must leave Canada. Rejected applicants may apply to the Federal Court of Canada for a review of the PRRA officer’s decision.
- Convention refugees seeking to sponsor their relatives, spouses, children, and other family members.
The status of your removal order depends on which IRB division made the decision you’re asking the Court to review. For decisions made by the IRB’s:
- Refugee Appeal Division – Your removal order is on hold. You can stay in Canada until the Court makes a decision.
- Refugee Protection Division – Your removal order is no longer on hold. You may need to leave Canada.
If the Court agrees with the IRB’s original decision and finds there was no error, you’ll have to depart Canada. However, if the Court returns your case to the IRB, your case will be reconsidered. This does not mean the IRB will reverse the original decision.