Successful Case: Failed Refugee Claimant Gets a Second Chance to Apply for Canadian Immigration Within a Year!

What other options are available for rejected refugee claimants to obtain permanent residency in Canada?

A PRRA application is an available and effective remedy that buys applicants more time to apply for humanitarian immigration.

What is PRRA and how do I apply for it?

After a failed refugee protection application, CBSA automatically notifies the applicant that they have the opportunity to apply for a Pre-Removal Risk Assessment (PRRA). This is a one-time opportunity, but will not be given to applicants who have committed national security and serious criminal acts.

If the Canada Border Services Agency offers you the opportunity to apply for a PRRA, the completed application form must be submitted to the IRCC Humanitarian Migration office within 15 days of receipt. Within 30 days of receiving the application form, a narrative letter must also be submitted to the office explaining the reasons why you would be at risk if you return. If the 30-day period has elapsed but the Office has not yet made a decision on your application, the applicant may still submit this statement of reasons. During this assessment period, the applicant can stay in Canada with the expectation of a good outcome, such as the approval of a previously made humanitarian immigration application.

For applicants requesting a Pre-Removal Risk Assessment (PRRA), CBSA requires them to be in "Removal Ready" status to facilitate deportation if the assessment is unsuccessful. Applicants must surrender their passports and other documents and appear in person at the IRRC to hear the final results of the assessment. If the assessment is unsuccessful, the applicant will be given an on-the-spot appointment for deportation and a flight. Entering the risk assessment process does not mean that your hopes of staying in Canada are destroyed. On the contrary, filing a risk assessment application can buy time for the applicant.

While the application is being processed, the applicant can legally work, study, and receive benefits such as free medical care. If the applicant's Humanitarian Immigration or Sponsorship Immigration application is approved during this time, he or she can legally apply for permanent resident status. Even if the risk assessment is ultimately denied, the applicant can still apply to federal court for judicial review, giving the applicant a second chance to stay in Canada.

The Pre-Removal Risk Assessment (PRRA) program is the final process by which rejected refugee claimants can obtain permanent residency in Canada. The Government of Canada implements a courtesy deportation process for rejected refugee claimants.

Before deporting these individuals, the Government of Canada is kind enough to offer each deportee a second chance. Before deportation, each person who is asked if he or she wishes to undergo the assessment program will be eligible if he or she responds that he or she is willing to undergo the assessment. Then, the individual is eligible to go through the process. This is the Pre-Removal Risk Assessment Program.

Based on approval rates in recent years, the Canada-wide approval rate for the Pre-Removal Risk Assessment program is 1.5%. BC leads the way at 2.3%; Ontario is a close second at 1.6%; Quebec is 1%; the Prairie provinces are 0.5%; and the Atlantic provinces, of course, are 0%.

Successful Cases

Client's basic situation

The family of three lost their legal status in Canada in early 2016

In February 2019, the client made a refugee asylum claim

In March 2020, Our client's refugee claim was rejected after hearing, then the client contacted us, and after studying the case, we decided to accept the case

In July 2020, our firm helped our client to stay in Canada and not to be deported, and to submit PRRA and H&C humanitarian applications.

May 2021: Our client's PRRA application was approved.

To be honest, the number of lucky people who have benefited from this program is as rare as the morning star. In other words, it is like buying a $10 million lottery ticket. The actual point of participating in this program is to buy some time to prepare sufficient documents for filing a humanitarian immigration application.

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