5. Get a decision
The Immigration, Refugees and Citizenship Canada (IRCC) officer who reviews your Pre‑Removal Risk Assessment (PRRA) and asks you questions at your hearing will also make a decision about your case. The officer uses the same legal test that the Refugee Board uses to decide if you meet the definition of a or a .
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.
For example, if you’re because you are believed to have committed a serious crime, broken human rights laws, or there are other security concerns about you, you can only have a “restricted PRRA”.
Different factors are used to decide a restricted PRRA. And if your restricted PRRA is approved, you’ll get only temporary protection from removal. That protection can be reviewed at any time which could lead to your removal. You won’t get protected person status and you can’t apply for permanent residence. These situations are very complicated and you need legal advice.
If your PRRA is denied, your will become enforceable. This means that the CBSA will arrange to remove you from Canada as soon as possible.
You can apply to 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 being reviewed. This is called a stay of removal.
Risk of detention
You have a higher risk of being detained after your PRRA is denied. Because you have already said you’re afraid to leave Canada, a CBSA officer is more likely to believe you’re a “flight risk”. This means the officer thinks you won’t show up for your removal from Canada.
If you’re 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.