The purpose of this blog post is to provide an overview of the changes to Pre-Removal Risk Assessments (“PRRAs“) resulting from Bill C-31 which are now in effect. A PRRA is a paper application in which individuals can submit that they would be at risk of persecution, risk to life, or risk of cruel and… Continue Reading
Category Archives: Pre-Removal Risk Assessment
Evidence that Can be Used at a PRRA
Pre-Removal Risk Assessment application by a failed refugee claimant is not an appeal or reconsideration of the decision of the Refugee Protection Division to the failed refugee claim. Section 113(a) of the Immigration and Refugee Protection Act provides that an applicant whose claim to refugee protection has been rejected may present only new evidence that… Continue Reading
Internal Flight Alternatives
An area of refugee law that often frustrates refugee claimants is the requirement that they show that there was no reasonable internal flight alternative to claiming refugee status in Canada. … Continue Reading
Distinguishing PRRA and H&C
Failed refugee claimants, and some other types of inadmissible people within Canada, often submit both Pre-Removal Risk Assessment (PRRA) applications, as well as Humanitarian & Compassionate (H&C) ones. … Continue Reading
Inadequacy of State Protection
[Note: This post ties in very closely with my post on refugees originating from democracies, which can be found here.] I have previously discussed the issue of refugees who come from countries where the state is not the persecutor. Rather, it is a quasi-governmental authority or private actors that are the cause of the refugee’s… Continue Reading
Refugees, Democracies, and State Protection
People are often dismissive when they hear of refugee claimants arriving with stories of persecution at the hands of militias or gangs. This especially appears to be the case when the refugee claimants originate from a democratic country. Why, they ask, do these people not simply go to the police in their respective home countries?… Continue Reading
When Will a Hearing be Necessary at a PRRA Review
On August 4, 2010, the Federal Court released its decision in Sayed v. Canada (Citizenship and Immigration), 2010 FC 796 (“Sayed“) The decision involved a discussion of many Pre-Removal Risk Assessment (“PRRA“) issues, including when a PRRA officer will be required to call a hearing. The PRRA is based on the principle of non-refoulement, and provides that… Continue Reading
US War Deserters – Immigrating to Canada
In a decision that has received much media attention, the Federal Court of Appeal (“FCA“) on July 6, 2010, released its decision in Hinzman v. Canada (Citizenship and Immigration), 2010 FCA 177 (“Hinzman“) Hinzman involved an American soldier who for moral and religious beliefs was against “all participation in war”. In 2004, upon learning that his… Continue Reading