F A C T   S H E E T   9
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PRE-REMOVAL
RISK ASSESSMENT

 
SNAPSHOT

In accordance with its commitment to the principle of non-refoulement, Citizenship and Immigration Canada (CIC) may conduct a risk assessment before removing a person from Canada. The principle of non-refoulement holds that people should not be removed to a country where they would be at risk. Under the Act, people who have been issued a removal order must formally apply to the Minister of Citizenship and Immigration for a pre-removal risk assessment (PRRA).

 
WHO IS RESPONSIBLE

CIC employs pre-removal risk assessment officers to conduct PRRAs. PRRA officers receive specialized training in matters relating to personal risk and have access to up-to-date information on conditions in other countries.

 
WHO IS ELIGIBLE FOR A PRRA

Most people who have been issued a removal order are eligible to apply for a PRRA. Those who are not eligible include the following:

• people who have been recognized as Convention refugees or protected persons under the Immigration and Refugee Protection Act;
• people who have been recognized as Convention refugees by a country to which they can return;
• people who are subject to extradition;
• people who are ineligible for a refugee hearing by the Refugee Protection Division because they came from a designated safe third country; and
• repeat refugee claimants who return to Canada and seek to make a new PRRA application less than six months after their previous departure.

People who are named in a security certificate are also eligible to apply for a PRRA. However, the application must be made, and assessed, prior to a Federal Court judge determining whether the certificate is reasonable.

 
WHAT IS RISK?

When considering if a person is at risk, CIC officials use the definition of risk of persecution as defined in the Geneva Convention, risk of torture as defined in the Convention against Torture, and risk to life, or risk of cruel and unusual treatment or punishment.

Under the terms of the Geneva Convention, people at risk of persecution are those who are outside their country of nationality or habitual residence and who are unable or unwilling to return to that country because of a well-founded fear of persecution for reasons of race, religion, political opinion, nationality or membership in a particular social group.

 
WHAT IS THE PRRA PROCESS?

Most PRRAs are conducted in writing, although oral hearings may be required in certain cases. People seeking protection in Canada and who are eligible for a PRRA are notified by CIC that a written application for protection may be submitted within 15 days. A PRRA applicant benefits from an automatic stay of a removal order until a final decision on the application is made. An applicant can request a copy of the final decision.

When a person has already had a refugee protection claim assessed by the Refugee Protection Division, only new evidence, such as evidence that demonstrates a change in country conditions, is considered.

If the PRRA officer has concerns about a person’s credibility, the officer may request that the person attend the hearing.

 
WHAT HAPPENS WHEN AN APPLICATION …

… is approved?

Most people who are found to be at risk may apply for permanent residence. If an individual is inadmissible for reasons of security, serious criminality, involvement in organized crime, or violation of human or international rights, or was denied access to the refugee determination process, a positive determination will result in a temporary stay of removal.

 
… is rejected?

People who receive a negative decision must leave Canada as required by the removal order they were issued. CIC will make removal arrangements.

© Minister of Public Works and Government Services Canada, 2002
Cat. No.: Ci51-111/2002-9
ISBN 0-662-66641-0
C&I-488I-05-02