Pre-Removal Risk Assessment (PRRA)

1. Pre-Removal Risk Assessment (PRRA)

2. 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.

3. 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.

4. 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)

5. 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

6. 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.

7. 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

8. 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.

9. 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

10. 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.

11. 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”

12. 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.

13. 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.

14. 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

15. 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.

16. 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

17. 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.

18. 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

19. Submissions cont’d • Table of Contents • List of all the supporting documents of evidences.