PRRA and Removal Orders: Does Filing a PRRA Stop Removal?
· Harjeet Arora, RCIC-IRB
The relationship between a PRRA and removal is procedural. A person should not assume that any PRRA submission automatically creates a stay in every circumstance.
Eligibility matters
PRRA eligibility can depend on prior refugee, PRRA and Federal Court decisions and applicable waiting periods or exemptions.
First eligible PRRA and later applications
The effect on removal can differ depending on the statutory context. A subsequent PRRA application should not be assumed to suspend enforcement merely because it has been filed.
Negative PRRA
After refusal, the person may remain removable. Judicial review and any required stay application must be considered separately.
See Pre-Removal Risk Assessment, Removal Orders and Removal Deferral Requests.
Related guidance: What happens after a PRRA refusal?
Check the legal effect of the specific PRRA process
Review the CBSA notice, PRRA eligibility determination, whether the person has previously received a PRRA opportunity and any current removal arrangements. The suspension rules should be assessed under the applicable regulations, not inferred from the mere existence of an application.
For a scheduled removal, seek an urgent case review.
General information only. The statutory effect of a PRRA depends on the individual procedural history.