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Immigration and Refugees Law

Apply for PRRA Without Making a Refugee Claim

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Can You Apply for PRRA Without Making a Refugee Claim? Bill C-12 and IRPA Section 101 Explained

If you believe you may be ineligible to have your refugee claim referred to the Refugee Protection Division because of Bill C-12 and section 101 of the Immigration and Refugee Protection Act (IRPA), you may be asking a very important question: can you apply for PRRA without making a refugee claim first? In most cases, the answer is no. A Pre-Removal Risk Assessment, or PRRA, is generally not an application a person simply chooses to file at any time. It usually becomes available only when removal is in process and the government gives the person the opportunity to apply.

Key Takeaways

  • In most cases, you cannot apply for PRRA directly whenever you want.
  • PRRA usually becomes available only when a person is facing removal from Canada.
  • After Bill C-12, certain asylum claims made more than one year after first entry into Canada may not be referred to the IRB.
  • Even if a person expects ineligibility, making a refugee claim may still be a strategic way to put fear on the record.
  • Whether to claim refugee protection, pursue PRRA later, or focus on another remedy such as H&C depends on the person’s facts, timing, status, and evidence.

What Is PRRA?

A Pre-Removal Risk Assessment (PRRA) is a protection process used before a person is removed from Canada. Its purpose is to assess whether removal would expose the person to persecution, torture, risk to life, or cruel and unusual treatment or punishment.

Under the IRPA, a person may apply for protection if they are subject to a removal order that is in force, subject to statutory exceptions and timing rules. In practical terms, PRRA is tied to the removal process, not simply to fear of return on its own.

Can You Apply for PRRA Directly Without Making a Refugee Claim?

In most situations, no. You generally do not choose the timing of PRRA on your own. If you are eligible, a CBSA officer typically gives you the PRRA application form and instructions before removal. That is why many people are surprised to learn that PRRA is not a general application stream that can be started at will.

This means a person who says, “I already know I am ineligible under Bill C-12, so I will skip the refugee claim and apply straight for PRRA,” is usually misunderstanding how the system works. PRRA is usually not available until the government is taking steps to enforce removal.

How Bill C-12 Changes the Analysis

The federal government now states that asylum claims made more than one year after someone’s first entry into Canada after June 24, 2020 will not be referred to the Immigration and Refugee Board of Canada. That change is central to current refugee-eligibility strategy.

As a result, some people who fear return may expect that their claim will not reach the Refugee Protection Division. However, that does not automatically mean they can bypass the refugee process and file PRRA immediately. It usually means they may still go through an eligibility-related process, and if removal later becomes active, they may then receive access to PRRA depending on the law and their specific circumstances.

Why Some People Still Make a Refugee Claim Even If They Expect Ineligibility

For some individuals, making the refugee claim is still a strategic step. The reason is not that counsel necessarily expects referral to the Refugee Protection Division. The reason is often that the claim can help create a formal record of fear and risk.

That may matter later because:

  • it documents the person’s fear early and clearly;
  • it reduces the risk of later arguments such as “if the danger was real, why did you not claim sooner?”;
  • it can help organize evidence about persecution, torture, or unusual treatment from the beginning;
  • it may position the person better for later PRRA, judicial review, or humanitarian submissions depending on the case.

That said, this is not a universal rule. Some people should claim. Others should not. Strategy depends on the full immigration history, status, prior U.S. or foreign claims, prior removals, family factors, and the strength of available evidence.

That may matter later because:

Risks of Skipping the Refugee Claim and Waiting for PRRA

There are several practical risks in deciding not to make a refugee claim and simply waiting for PRRA:

  • No immediate risk record: your fear may not be formally set out in the system when it matters most.
  • Delay: if you still have temporary status or removal is not being enforced yet, PRRA may not become available for a long time.
  • Credibility problems: delay in raising protection concerns can sometimes be used against a person later.
  • Lost momentum: evidence gathering is often strongest when done early, not only when removal is already underway.

For this reason, the question is often not just “am I eligible?” but also “what is the strongest legal strategy now, given what could happen later?”

When a Different Strategy May Be Better

In some cases, not making a refugee claim may still be the better path. Examples can include situations where the person has a strong alternative immigration strategy, where there are serious credibility concerns tied to a weak refugee narrative, or where another remedy such as a humanitarian and compassionate application is more appropriate. There may also be timing issues, admissibility issues, or prior proceedings that change the analysis.

This is why legal advice in this area should be individualized. Bill C-12 has made generalized internet advice much riskier than before.

When to Speak to a Lawyer

You should seek legal advice quickly if:

  • more than one year has passed since your first entry into Canada;
  • you fear persecution, torture, risk to life, or cruel and unusual treatment if removed;
  • you are considering whether to claim refugee protection even though you expect ineligibility;
  • you have received communication from CBSA or IRCC about removal or a PRRA package;
  • you are deciding between a refugee claim, PRRA strategy, H&C, or Federal Court litigation.

Timing can be critical. In protection matters, delay can damage both evidence and credibility.

Conclusion

In most cases, a person in Canada cannot simply apply for PRRA without making a refugee claim whenever they choose. PRRA is generally tied to removal proceedings and is usually initiated when the government gives the person the opportunity to apply. After Bill C-12, many people understandably assume that ineligibility under IRPA section 101 means they should skip the refugee claim and wait for PRRA. That is often too simplistic. In many cases, there are strategic reasons to put fear on the record early, even where referral to the Refugee Protection Division may not happen.

If you are in this situation, the right strategy depends on the details of your case, not only on the label “ineligible.”

Contact Pax Law Corporation for case-specific advice on refugee claims, PRRA strategy, humanitarian applications, and judicial review.

FAQ

Usually no. PRRA is generally available only when you are facing removal and the government gives you the opportunity to apply.

Sometimes yes. Depending on the facts, making a claim may help put your fear on the record early and may support future protection-related steps.

No. Ineligibility for referral to the Refugee Protection Division does not automatically mean there are no legal options. PRRA, H&C, judicial review, and other strategies may still need to be examined.

Not necessarily. Timing can depend on the procedural posture of the case, enforcement steps, and whether removal is actually being pursued.

IRCC states that if it is your first PRRA application and you have a valid work permit, you can work until a decision is made or until your permit expires, whichever comes first. If you do not have a valid work permit and submit your PRRA application on time, you may be able to apply for a work permit while the PRRA is pending.

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