5. Get a decision
An Immigration, Refugees and Citizenship Canada (IRCC) officer reviews your (PRRA) using the same legal test that the Refugee Board uses to decide if you meet the definition of a or a .
The officer looks at your application and decides if:
- there is “more than a mere possibility” that you face a risk of persecution based on a personal characteristic, or
- it is “more likely than not” that you face
- a danger of torture,
- a risk to your life that is usually unrelated to your need for medical care, or
- a risk of cruel and unusual treatment or punishment.
If your PRRA is approved, you will be granted status. You and the family members included in your PRRA application can usually apply for status.
Inadmissible or excluded
If you’re inadmissible or your refugee claim has been excluded, you should get legal advice. These situations are very complicated.
For example, you’re because you’ve committed a serious crime, broke human rights laws, or there are other security concerns, you’re only entitled to a “restricted PRRA”.
Different factors are used when deciding a restricted PRRA application. And if your restricted PRRA is approved, you will only get temporary protection from removal. That protection can be reviewed and you can be removed at any time. You will not get protected person status and you can’t apply for permanent residence.
PRRA denied
If your PRRA is denied, your will become enforceable. This means that the Canada Border Services Agency (CBSA) must arrange for your removal as soon as possible.
You can ask the Federal Court to review the PRRA decision but you will need a lawyer to make that application. Your lawyer can also ask the Court to temporarily stop your removal while your PRRA decision is under review.
There may also be situations where you can make a “Request to Defer Removal” to delay your removal even if your PRRA is denied.
For example, your removal could be deferred if:
- you have another application pending, such as a humanitarian and compassionate application
- your child needs to get medical attention or finish their school year
- the conditions in your country have changed since your refugee claim or previous PRRA was rejected
- there is new of the risks you face in your country
You should talk to a lawyer for help with your Request to Defer Removal.
If CBSA refuses to delay your removal, you can ask the Federal Court to review that decision. You will need a lawyer to make that request.
Risk of detention
You have a higher risk of being detained after your PRRA is denied. This is because you have stated that you’re afraid to leave Canada. In that situation, an officer is more likely to believe you’re a flight risk. This means the officer thinks you’re not likely to show up for your removal.
If you are detained, you have the right to know the reason you’re being detained. You also have the right to a hearing within 48 hours of being detained and you have the right to hire a legal representative.
