PRRA Refused in Canada: What Happens Next?
· Harjeet Arora, RCIC-IRB
A negative Pre-Removal Risk Assessment can have immediate consequences because the person may remain subject to an enforceable removal order. The refusal, removal status and any available court remedy should be reviewed promptly.
Judicial review
A PRRA refusal can be challenged through an application for leave and judicial review in the Federal Court. Filing a judicial review does not itself guarantee that removal is stopped.
Stay of removal
Where removal is scheduled while a Federal Court matter is pending, a separate request for a stay may need to be assessed. Federal Court proceedings are handled through FDI by its in-house lawyer authorized to practise before the Court.
Other applications are not automatic stays
An H&C application or another pending immigration application should not be assumed to prevent CBSA enforcement. The removal issue must be assessed separately.
Review the reasons and evidence
The PRRA decision, evidence filed, country material, prior refugee decisions and any procedural issue can affect the available strategy.
See PRRA representation, Removal Orders and Federal Court Judicial Review.
Related guidance: PRRA and removal orders and evidence for a PRRA.
Immediate file review after refusal
Record the date the refusal was communicated and obtain the complete decision and reasons. Check the current removal arrangements, prior protection decisions and the evidence submitted. Court deadlines and the question of a stay must be assessed urgently and separately.
Request an urgent consultation if CBSA has provided a removal date.
General information only. Court and removal deadlines can be strict.