Canada has both constitutional and international obligations which prevent the removal of individuals from Canada to a country where they would be in danger or at risk of persecution. If you are facing removal from Canada, you may be eligible for a pre-removal risk assessment and one of our immigration and refugee lawyers will fight to keep you in Canada.
Our Ottawa immigration and refugee lawyers at Gerami Law PC have the experience and expertise to prepare your pre-removal risk assessment application. We will articulate clearly and persuasively why you would be at risk if returned to your country of origin. The effect of a successful application is that you will be permitted to remain in Canada: you will either be recognized as a protected person or your removal order can be stayed, where, for example, you have been found to be inadmissible on serious grounds.
With the passage of the Protecting Canada’s Immigration System Act, individuals who have received a final decision on their refugee claim from the Immigration and Refugee Board of Canada (IRB) or a pre-removal risk assessment (PRRA) within the last 12 months are not eligible for a PRRA unless they are eligible for an exemption. A final decision on a refugee claim or PRRA assessment includes rejected, abandoned and withdrawn applications.
Gerami Law PC is challenging this new regime. Recently, on December 24, 2013, the Federal Court granted leave in a case in which the Applicants argue that this new legislation is unconstitutional. We on behalf of the Applicants will argue that preventing access to a PRRA for one year breaches the right to security of the person enshrined in the Canadian Charter of Rights and Freedoms, is not in accordance with the principles of fundamental justice and cannot be justified in a free and democratic society.
You may not apply for a PRRA if you:
- made a refugee claim that was determined to be ineligible for referral to the Immigration and Refugee Board because you came to Canada from a safe third country,
- were found to be a Convention refugee in another country, to which you may return,
- are a protected person (that is, you already have refugee protection in Canada),
- are subject to extradition (extradition is a formal request that Canada return a person to another country because they are a suspected or convicted criminal).