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 unusual treatment or punishment if returned to their countries of origin. For most applicants, a positive determination results in the granting of refugee protection and the opportunity to apply for permanent residence as a protected person. Bill C-31, the Protecting Canada’s Immigration System Act, introduced several restrictions on the ability of people to apply for PRRA.
One Year Bar
A person may not apply for a PRRA if less than 12 months have passed since the Immigration and Refugee Board (“IRB“) rejected their refugee claim, or determined the claim to be abandoned or withdrawn.
A person may also no longer apply for a PRRA if less than 12 months have passed since Citizenship and Immigration Canada (“CIC“) rejected the individuals previous PRRA application, or determined it to be withdrawn or abandoned.
The above bars apply retroactively to PRRAs currently being processed.
Applicants from certain countries are exempted from the one year bar. These countries include the Central African Republic, Egypt, Guinea-Bissau, Libya, Mali, Somalia, Sudan, and Syria. Nationals from these countries are exempt from the 12-month bar only if their IRB or PRRA decision (rejected, abandoned or withdrawn) was rendered between August 15, 2011 and August 14, 2012. There are no exemptions to the 12-month bar for cases decided by the IRB or CIC from August 15, 2012, onward.
Designated Countries Of Origin
Rejected refugee claimants from a Designated Country of Origin are not eligible to apply for PRRA for 36 months after the date of their final decision at the IRB.
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