A removal order can create significant problems for individuals and families in Canada. One of the most important tools available in many of these removal situations is a Pre-Removal Risk Assessment (PRRA). It gives eligible people a chance to explain the risks they may face if they return to their home country. If the application is submitted on time, their removal may be temporarily paused while it is being reviewed. A stay does not cancel the removal order, it can temporarily prevent enforcement during the PRRA process.
What a Stay of Removal Actually Means?
A stay of removal is a legal pause on a removal order. This doesn’t erase the order or grant permanent status. It simply restricts CBSA from deporting the person for a certain period. Under Canadian immigration law, when someone receives a formal PRRA notification from CBSA and submits a complete application within the deadline, they are usually allowed to stay in Canada while the PRRA is being processed. The stay lasts until IRCC makes a decision on the PRRA.
How the PRRA Process Allows You to Stay?
CBSA decides when a person can apply for a PRRA. This usually happens when their removal order is ready to be enforced. If they are eligible, CBSA will provide or mail them a PRRA notice, application form, and guide.
Key points about the timeline:
- You generally have 15 days from the date of notification to submit the PRRA application if the notice was given in person.
- If the notice was mailed, the clock usually starts seven days after it was sent, giving a total of about 22 days from the mailing date to submit the application.
- Submitting a complete application within the required timeframe usually activates the automatic stay.
- After filing, you are generally given further time to provide full written submissions and supporting evidence, the exact number of days can vary, so it is important to confirm this against your specific CBSA notification letter. IRCC will not decide the case before that period ends.
Missing the deadline is serious. A late application is treated as a subsequent PRRA and does not come with a stay of removal. CBSA can proceed with enforcement.
Who Qualifies for the Automatic Stay?
Not everyone facing removal gets the automatic stay. Eligibility depends on several factors:
- You must receive formal notification from CBSA that you are entitled to apply for a PRRA.
- You must submit the application on time.
- Certain people are excluded from the automatic stay or face restricted assessments. This includes individuals found inadmissible on grounds of serious criminality, security concerns, human or international rights violations, or organized criminality (under subsection 112(3) of the Immigration and Refugee Protection Act). In those cases, even a positive risk finding may only result in a reviewable ministerial stay rather than protected person status.
People who have already had a PRRA or whose refugee claim was rejected more than 12 months earlier may face additional restrictions. There is generally a 12-month bar on applying for another PRRA after a negative refugee or previous PRRA decision, though limited exceptions exist for sudden changes in country conditions in specific listed countries.
What Happens During the PRRA Review?
A PRRA is not a second refugee claim or an appeal. IRCC just looks at whether sending you back to your country would put you at risk of:
- Persecution
- Torture
- Risk to your life
- Cruel and unusual treatment or punishment
The assessment looks at both refugee and other protection grounds. Your evidence should be personal and relevant to your situation, especially any new evidence since a previous refusal.
Processing Time of the PRRA
Processing times vary, but many cases take several months. While the PRRA is being processed and the stay is in effect, you generally remain in Canada.
Possible Outcomes
Positive decision
In most cases, you become a protected person. You can then apply for permanent residence. In restricted cases (serious criminality or security grounds), you may receive a stay of removal instead of full protected person status. That stay can later be reviewed if circumstances change.
Negative decision
The stay comes to an end. CBSA can schedule and carry out removal. Your remaining option to stop removal is usually to apply for judicial review at the Federal Court and request a stay of removal. You must apply within the required time limit. You can also withdraw a PRRA application in writing through CBSA, but doing so ends the stay and reactivates the removal order.
Other Important Considerations
- Late or repeat PRRA applications usually do not stop removal automatically.
- PRRA applications made at a port of entry generally do not stop removal.
- While your PRRA is pending, you may still receive some temporary health coverage.
A refused PRRA may not be the end. Other options, such as H&C applications or temporary resident permits, may be available depending on your situation. Recent changes to asylum rules have made PRRA more important for many people who cannot have a full refugee hearing. For professional guidance with your PRRA application and other immigration options, contact professional lawyers in Surrey BC to understand your rights and next steps.
