Distinguishing PRRA and H&C

Meurrens LawHumanitarian and Compassionate

Failed refugee claimants, and some other types of inadmissible people within Canada, often submit both Pre-Removal Risk Assessment (PRRA) applications, as well as Humanitarian & Compassionate (H&C) ones.

War Deserters, Refugee Status and H&C

Meurrens LawHumanitarian and Compassionate

Being a war deserter does not in of itself mean that either a refugee claim or an application for permanent residency based on humanitarian & compassionate (“H&C“) grounds will succeed. Hinzman On July 6, 2010,the Federal Court of Appeal (the “FCA“) released its decision in Hinzman v. Canada (Citizenship and Immigration), 2010 FCA 177 (“Hinzman“) Hinzman … Read More

The Constitutionality of the PRRA Bar

Meurrens LawImmigration Trends

The Federal Court has certified numerous questions regarding the constitutionality of  s. 112(2)(b.1) of the Immigration and Refugee Protection Act, which in essence provides that a person may not apply for a Pre-Removal Risk Assessment (“PRRA”) if they were previously a refugee claimant until 12 months have passed since their refugee hearing, or 36 months in the … Read More

Overview of PRRA Changes

Meurrens LawImmigration Trends

The purpose of this blog post is to provide an overview of the changes to Pre-Removal Risk Assessments (“PRRAs“) resulting from Bill C-31 which are now in effect.  A PRRA is a paper application in which individuals can submit that they would be at risk of persecution, risk to life, or risk of cruel and … Read More

Evidence that Can be Used at a PRRA

Meurrens LawRefugees

  A Pre-Removal Risk Assessment (“PRRA“) application by a refused refugee claimant is not an appeal or reconsideration of the decision of the Refugee Protection Division to the failed refugee claim. Section 113(a) of the Immigration and Refugee Protection Act (“IRPA“) provides that an applicant whose claim to refugee protection has been rejected may present only new evidence … Read More

When Will a Hearing be Necessary at a PRRA Review

Meurrens LawJudicial Reviews

On August 4, 2010, the Federal Court released its decision in Sayed v. Canada (Citizenship and Immigration), 2010 FC 796 (“Sayed“) The decision involved a discussion of many Pre-Removal Risk Assessment (“PRRA“) issues, including when a PRRA officer will be required to call a hearing. The PRRA is based on the principle of non-refoulement, and provides that … Read More

PRRA Officer Did not Consider Important Country Report

Meurrens LawHumanitarian and Compassionate

On June 7, the Federal Court released its decision in Ariyaratnam v. Canada (Citizenship and Immigration), 2010 FC 608 (“Ariyaratnam“) The case involved a 28 year old from Sri Lanka whose Pre-Removal Risk Assessment (“PRRA“) and Humanitarian & Compassionate applications were refused. The appellant argued in Federal Court that the assessing officer (the “Officer“) had a … Read More