Refusal recovery — removal defense

PRRA Refused — Pre-Removal Risk Assessment Recovery Strategy

PRRA is often the last legal mechanism before removal. When IRCC refuses a PRRA, removal becomes imminent. This page covers the immediate Federal Court judicial review window (15 days), alternative humanitarian options, and what to expect.

Standard immediate response

Confirm 15-day deadline for Federal Court judicial review (FCJR)
Decide: File FCJR (most common), apply for stay of removal, file H&C, request TRP, or arrange voluntary departure
Consult counsel immediately — PRRA refusal is procedurally complex + time-critical

What PRRA assesses

Under IRPA s.112(3), PRRA officers assess:

s.96 (Convention refugee): Well-founded fear of persecution by reason of race, religion, nationality, membership in particular social group, or political opinion
s.97(1)(a) (torture): Risk of being subjected to torture as defined in Article 1 of Convention Against Torture
s.97(1)(b) (cruel/unusual treatment + risk to life): Risk of cruel + unusual treatment or punishment, OR risk to life — not faced generally by individuals in that country

Why PRRA applications often fail

High evidence bar — must show risk on balance of probabilities; not just possibility
"New evidence" requirement — for those who had a prior refugee claim, PRRA only considers new evidence that wasn't reasonably available at the prior claim
State protection — IRCC may find adequate state protection exists in the home country
Internal flight alternative (IFA) — IRCC may find applicant can safely live elsewhere in their home country
Country conditions improvement — IRCC may find country conditions have improved since prior decision

Path 1: Federal Court judicial review (15-day deadline)

Apply for leave + judicial review at the Federal Court within 15 days of PRRA refusal notice. Critical points:

Leave is required first — court decides whether to grant leave for review. Most applications denied at leave stage
Limited grounds for review — must show PRRA officer made a reviewable error (procedural fairness violation, legal error, decision unreasonable)
Stay of removal can be requested concurrently — keeps you in Canada during FCJR
If leave granted: full judicial review hearing; court can return case to IRCC for re-determination
If leave denied: removal proceeds; no further appeal of leave denial

Path 2: H&C application (humanitarian + compassionate)

Apply for H&C under IRPA s.25. Different track from PRRA — H&C considers humanitarian factors (best interests of children, establishment in Canada, hardship) rather than risk. Notes:

Filing H&C does NOT automatically stop removal
Must separately apply for stay of removal pending H&C decision
H&C success rate also low; selectively granted
See H&C refused page

Path 3: Temporary Resident Permit (TRP)

TRPs are discretionary documents allowing inadmissible persons to enter or remain in Canada despite inadmissibility. In removal context:

TRP application can be made if circumstances justify temporary stay
Strong reasons needed (medical, family, compelling circumstances)
Officer discretion; not commonly granted in active removal cases

Path 4: Voluntary departure

Leave Canada before forced removal. Benefits:

No formal removal order on record
Preserves future Canadian visa application possibilities (still difficult but better than after removal)
Allows you to return to home country on your terms (with belongings, prepared)

Document your departure thoroughly (boarding pass, exit stamp).

Stay of removal pending FCJR

If you've filed Federal Court judicial review, you can request a stay of removal — court order suspending CBSA from executing the removal until FCJR decision. To get a stay:

Demonstrate serious issue to be tried (legitimate legal question in FCJR)
Demonstrate irreparable harm if removed (death, torture, separation from family)
Balance of convenience favors stay

Stays are granted selectively but more often than leave applications.

If all options fail

CBSA executes the removal order. You're escorted to your country of origin. Consequences:

Multi-year inadmissibility (typically 5 years for departure orders; longer for deportation orders)
Re-entry to Canada requires Authorization to Return to Canada (ARC) — discretionary, hard to obtain
Documented removal on file — affects future Canadian visa applications + applications to third countries

Common PRRA recovery mistakes

Missing the 15-day FCJR deadline (strict, no extensions in most cases)
Filing weak FCJR without identifying reviewable error
Filing H&C without separately requesting stay (H&C alone doesn't stop removal)
Going underground / hiding from CBSA — adds criminal-style consequences + makes future legal pathway impossible
Not consulting counsel immediately upon PRRA refusal (15 days is very tight)

FAQ

What is PRRA?

Pre-Removal Risk Assessment under IRPA s.112 — applies when a foreign national is under a removal order. PRRA assesses whether the person faces risk to life, cruel/unusual treatment, danger of torture, or persecution if removed to their country of origin. If risk is established, removal is suspended + person may obtain protected person status.

Who can apply for PRRA?

Foreign nationals subject to a removal order, generally only AFTER one year since their last refugee claim decision OR if they've never had a refugee claim. PRRA is one of the last legal mechanisms to prevent removal.

Can I appeal a PRRA refusal?

No direct appeal — but you can file an application for leave + judicial review at the Federal Court within 15 days of the PRRA refusal. The Federal Court reviews for legal errors + can return the case to IRCC for re-determination if errors are found.

What happens after PRRA refusal?

Removal becomes imminent. CBSA can execute the removal order. You may apply for stay of removal pending Federal Court judicial review. Other options: H&C application (different track), TRP if specific circumstances warrant it, voluntary departure to preserve future options.

What's the success rate for PRRA?

Historically very low — IRCC approves only ~3-5% of PRRA applications. The bar is high: must show ON A BALANCE OF PROBABILITIES that you face s.97 risk OR objectively well-founded fear of s.96 persecution. New evidence not previously available is required.

PRRA refused — 15-day window, immediate consultation

Halani Immigration Services Inc. (RCIC-IRB R711322) advises on FCJR, stay of removal, H&C, and TRP options. The 15-day FCJR deadline is critical. Free 15-min review.

Free PRRA Refusal Review →

PRRA Refused