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PRE-REMOVAL RISK ASSESSMENT (PRRA)

You can only apply for a PRRA if you are facing removal from Canada. The purpose of applying for this application is to convince Canada not to proceed with removing you from Canada to your home country as you would risk persecution.

ARE YOU ELIGIBLE?

a) One Year Bar

You have to wait for a period of one (1) if you previously applied for a PRRA or made a refugee claim and the application was rejected, abandoned or withdrawn.  However, if you come from a designated country, you will have to wait for a period of 36 months.

A designated country is one that do not normally produce refugees, but do respect human rights and offer state protection.

The following countries have been classified as designated countries:

Country Effective date
Andorra October 10, 2014
Australia February 15, 2013
Austria December 15, 2012
Belgium December 15, 2012
Chile May 31, 2013
Croatia December 15, 2012
Cyprus December 15, 2012
Czech Republic December 15, 2012
Denmark December 15, 2012
Estonia December 15, 2012
Finland December 15, 2012
France December 15, 2012
Germany December 15, 2012
Greece December 15, 2012
Hungary December 15, 2012
Iceland February 15, 2013
Ireland December 15, 2012
Israel (excludes Gaza and the West Bank) February 15, 2013
Italy December 15, 2012
Japan February 15, 2013
Latvia December 15, 2012
Liechtenstein October 10, 2014
Lithuania December 15, 2012
Luxembourg December 15, 2012
Malta December 15, 2012
Mexico February 15, 2013
Monaco October 10, 2014
Netherlands December 15, 2012
New Zealand February 15, 2013
Norway February 15, 2013
Poland December 15, 2012
Portugal December 15, 2012
Romania October 10, 2014
San Marino October 10, 2014
Slovak Republic December 15, 2012
Slovenia December 15, 2012
South Korea May 31, 2013
Spain December 15, 2012
Sweden December 15, 2012
Switzerland February 15, 2013
United Kingdom December 15, 2012
United States of America December 15, 2012

b) Countries exempt from the One Year Bar

There are some countries that are exempt from the one year ban. In other words, if there is a sudden change in a country condition, citizens belonging to those counties can apply for a PRRA without waiting the required one year or 36 months.

Below are a current list of counties that fall under this exemption:

Exempted countries Exemption applies on or between these dates
Burundi August 13, 2014 and August 12, 2015
Central African Republic May 12, 2013, and May 11, 2014
Central African Republic August 15, 2011, and August 14, 2012
Egypt May 12, 2013, and May 11, 2014
Egypt August 15, 2011, and August 14, 2012
Ethiopia July 28, 2015, and July 27, 2016
Guinea-Bissau August 15, 2011, and August 14, 2012
Libya February 20, 2014 and February 19, 2015
Libya August 15, 2011, and August 14, 2012
Mali February 21, 2012, and February 20, 2013
Mali August 15, 2011, and August 14, 2012
Somalia August 15, 2011, and August 14, 2012
South Sudan August 27, 2013, and August 26, 2014
Sudan August 15, 2011, and August 14, 2012
Syria August 15, 2011, and August 14, 2012
Yemen June 18, 2014, and June 17, 2015

INELIGIBLE TO APPLY

Not everyone is able to apply for a PRRA. If you call under any of the below, you may not qualify:

  • You are already a protect person;
  • You are found to be a Convention refugee in another country;
  • You are subject to a extradition; or
  • You made a refugee claim that was determined to be ineligible for referral to the Immigration and Refugee Board because you came to came to Canada from a safe third country,

APPLY FOR A PRRA

If you are found eligible, you will be given a application form. From the day you are given the form, you will have 15 days to complete it.

Once you submit your PRRA application, your removal order will be suspended and you will be able to reside in Canada until a decision is made on your application.

Along with your application form, you have the option to submit written submissions. We highly encourage our clients to submit the submission. In this submission, which is quite lengthly and detailed, we outline, with supporting evidence, the following factors:

  • Best interest of a child if there is a child included in the application;
  • Your risk of persecution and danger of torture; and
  • You might be subjected to cruel treatment and you fear for your life.

If your application is approved, you will become a ‘protected person’ and will be able to apply for Canadian permanent residency.

If your application is rejected, your removal order will be re-enforced and you will need to leave Canada. You can apply to the Federal Court to appeal the decision.

Please contact Subuhi Siddiqui Immigration Law Firm for your immigration, citizenship or status matter. To set up a consultation, give us a call at (647) 454-9364 or e-mail us at subuhi@ssimmigration.ca.