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Pre-Removal Risk Assessment (PRRA)

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Pre-Removal Risk Assessment (PRRA). Introduction to PRRA. Processed by CIC. Their job is to decide whether a person deserves the status of a protected person. The PRRA is not an appeal. You may only submit new information or evidence

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introduction to prra
Introduction to PRRA
  • Processed by CIC.
  • Their job is to decide whether a person deserves the status of a protected person.
  • The PRRA is not an appeal. You may only submit new information or evidence
  • The decision is based on the written information submitted although a hearing may be held.
  • Be aware that Legal Aid only very rarely funds PRRA cases.
you can apply for prra if
You can apply for PRRA if:
  • You were refused by the IRB for the first time.
  • You made a refugee claim in Canada in the past, and you have been out of Canada for at least six months since your previous claim.
  • You were refused refugee protection because of exclusion or inadmissibility. However, if CIC decides that you are at risk, they may decide not to remove you.
procedure
Procedure
  • The rejected refugee claimant receives a letter from CIC inviting them for an appointment and asking them to bring ID documents.
  • At the appointment, the rejected refugee claimant will receive:
    • The PRRA application.
    • A letter establishing the times (You have 15 days to apply for the risk assessment and a further 15 days to make any written submissions)
procedure cont d
Procedure cont’d
  • The last page of the PRRA application is the “statement of no intention”.
  • If Departure, is recommended to sign
  • If PRRA, is recommended not to sign
interview with client
Interview with client
  • Is recommended to have this interview just after receiving the negative decision from the IRB, even if the judicial review is going to be filed.
  • Explain the process and the concept of risk (three fundamental values).
  • Explain about the last section of the PRRA form, (Section I, statement of no intention,) in order that they do not sign anything at the appointment.
interview cont d
Interview cont’d
  • Narrative since refugee hearing until the present (PIF narrative only background)
  • Old evidence not submitted to the refugee hearing (with an explanation of why not)
  • New evidence to support the new narrative (nothing that was used at the hearing)
  • Ask for copies of schedule #1, PIF and H&C application.
  • Set deadline to bring new evidence
prra application
PRRA Application
  • Who fills the PRRA application? Persons 18 years of age or older. Minors are included on the parent’s application.
  • The first thing to do is to go to the last Section “I” and put a line through it because you are doing the PRRA.
application cont d
Application cont’d

Section A- Personal and Family Information

  • The principal applicant could be:
    • The one who was at refugee process or
    • Any other member of the family
  • Domestic Violence in Canada
  • Children that became adults
application cont d1
Application cont’d

Section B – Personal History

  • Question # 19: The answer must be no. Remember that almost 100% are determined eligible to make a refugee claim.
  • Question # 20, 21, 22 and 23: If answer yes, the explanation becomes the most important part.
  • Question # 25: If answer yes, will affect negatively your PRRA and the explanation becomes the most important part.
application cont d2
Application cont’d

Section C – Arrival Details

  • Question # 29: If yes, they will check with embassy or consulate and compare files.
  • Question # 30: The answer must be for an indefinite time. (Canada

does not provide temporary protection so the person will be rejected.)

  • Question # 36: The majority of countries do not require exit visa to their citizens.
  • Question # 41 and 43: Any reason is valid, except “I did not want to”
application cont d3
Application cont’d
  • Question #46: If answer yes, there is a problem. It is not recommendable to apply for a passport from a state from which you are fleeing. A new passport will facilitate removal and will be seized by CIC.
application cont d4
Application cont’d

Section D – Required information for PRRA

  • Question # 49: Are you wanted by the authorities? The answer could be Yes or No, depending on the case.
  • Question # 51: The positive effect could be if relatives were already accepted and you can make any connection with the case.
application cont d5
Application cont’d

Section E – Reasons for applying for PRRA

(This is the most important part of the whole form).

  • Question # 52 and 53: The suggested answer is: “Submission will follow.” The whole submission will address these questions.
  • Question # 54: The suggested answer is: documents will follow with submission
application cont d6
Application cont’d
  • Sections F and G
  • Put yourself as counsel but say no to receive documents, information, disclosure, etc.
  • The ownership is on the applicant. They will look for you if they need more help or if they receive something.
preparing the submissions
Preparing the submissions

The golden rule…

  • each affirmation must be supported by an attachment/evidence/statement

Introduction

  • Profile of the rejected claimants
  • Brief linking with the persistence of risk
  • Explanation about what we asking for
submissions cont d
Submissions cont’d
  • Case history or summary of the PIF narrative emphasizing that the case is genuine
  • Use old evidence that was not submitted at the refugee hearing

Example: Persistent Targeting of the Claimants Family by FARC

  • Use the new statement which needs to be signed by the rejected claimant and submitted as an attachment.
submissions cont d1
Submissions cont’d
  • Use of letter from witnesses
  • Use Gender reflections, the best interest of the child, age, poverty
  • Lack of State Protection
  • Country Conditions (e.g. in Colombia and FARC Activity)
  • All international reports, news clippings and opinion of experts.
  • Conclusion
submissions cont d2
Submissions cont’d
  • Table of Contents
  • List of all the supporting documents of evidences.
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