Difference between revisions of "Permanent Residence Application Process (18:V)"

A PRRA is a risk assessment application before removal of a foreign national from Canada. With some exceptions and some restrictions (see ss 112(2) and  112(3) of the IRPA), every person who is being removed from Canada can submit a paper application describing why they would suffer persecution or danger in the country of destination if returned to that country. The risk(s) are assessed under ss 96 and 97 of the IRPA. However, very few applications succeed under the PRRA process.  LSLAP Clinicians can assist clients with making a PRRA claim.                NOTE: Under the IRPA those claimants who have a failed or abandoned refugee claim will generally be ineligible to make a PRRA claim for 12 months from the date that their claim is refused, while DCOs will be ineligible for a PRRA for 36 months after their negative decision. 1.Process Once a claimant has received a removal order and has been given notification, he or she has 15 days to apply for a PRRA and another 15 days to make submissions and include documentary evidence. If the person is a failed Convention refugee claimant, the evidence supporting the PRRA must be new or must have not reasonably been available on the date of the hearing; in other words, only “new evidence” is considered. Once a person has applied for a PRRA, the person cannot be removed from Canada until a decision is made regarding their case. This is called a “stay of removal”. A person who has been given notice of removal can apply for the PRRA later than the 15-day deadline. However, that person could be removed from Canada before the decision is made (i.e. no stay of removal is issued). A person who loses the PRRA will be removed. The only redress to a PRRA refusal is to apply for leave and appeal to the Federal Court. The deadline to  apply for leave to the Federal Court is 15 days. In such cases, the claimant should contact a lawyer immediately.  2.Status Conferred If the PRRA is granted, the person will receive the same protection as a Convention refugee. The person will be considered a “protected person” and can  apply for permanent resident status from within Canada (the application must be filed within 180 days).