You may be able to apply for a PRRA if you are told you must leave Canada. A PRRA is a chance to ask for protection from being sent back to a country where you would be at risk. You may be told you can apply for a PRRA after your refugee claim is rejected by the IRB, or if you abandoned or withdrew your claim.
Who can apply
Remain in Canada
If this is your first PRRA application, you will not be told to leave Canada. To make sure you can stay in Canada, be careful to meet the deadlines in your Notification Regarding a PRRA.
You will not be told to leave Canada unless:
- You say in writing that you will not apply for PRRA
- You miss the PRRA application deadline
- Your PRRA application is refused
- You withdraw or abandon your PRRA application
How to apply
CBSA will give you an application form and instruction guide. Fill in the Application for a Pre-Removal Risk Assessment. Any family members in Canada who are 18 years of age or older must do their own form.
Get a lawyer to help you. You need to send in a sworn declaration and evidence. Your lawyer must also prepare written documents (submissions) that describe your situation. These explain why you think you would be at risk if sent back to your country or the country where you usually lived. In these submissions, it is important that you clearly answer the following questions:
- Why would I be at risk if I was returned to the country?
- What kind of risks would I face and why?
- How are these risks tied to me personally?
- Can I move to another part of the country?
- Does everyone else in the country have the same risk?
If your refugee claim or an earlier PRRA application was rejected, you may only give new evidence. This is evidence you got after the rejection, or that you could not get earlier for a good reason. Ask your lawyer to explain the legal test you need to meet to get your evidence accepted.
After you apply
Your application is accepted
If your PRRA application is accepted, you usually become a Convention Refugee or a Protected Person in Canada. After that, you can apply for permanent residence. In some cases, you cannot become a Convention Refugee or a Protected Person in Canada but you can stay in Canada for a while longer. You must leave when things change or it is safe to send you back to your country.
Your application is not accepted
If your PRRA application is rejected, you must leave Canada.
You can apply to the Federal Court of Canada for a judicial review. You will still have to leave Canada unless you ask the court for a “temporary stay of removal.”