Changes for Iran: pre-removal risk assessment
Due to the dreadful situation that Iran is experiencing, Immigration, Refugees and Citizenship Canada (IRCC) announced that some individuals from Iran are now exempt from the 12-month bar on applying for a pre-removal risk assessment (PRRA). Of course, this depends on several factors, such as when they received the decision on their refugee claim. Also, note that submitting a PRRA application will put the removal order on hold.
We at Parsai Immigration Services have been advocating for the deferral of removal orders for Iranians since October of this year. While the authorities didn’t respond directly to us about this matter, this recent public statement addresses our concerns to some extent.
In determining which countries to exempt, IRCC considers any recent event in a country that could place all or some of its individuals in a risk situation similar to those defined in the Immigration and Refugee Protection Act.Immigration, Refugees and Citizenship Canada
What is a pre-removal risk assessment (PRRA)?
A pre-removal risk assessment is a process to make sure that a person is going to be safe despite a removal from Canada. However, in general, if someone’s refugee claim or previous application for a PRRA is rejected, abandoned or withdrawn, or if their application for leave and judicial review is dismissed by the Federal Court, they are not eligible to apply for a PRRA for at least 12 months.
Changes to the pre-removal risk assessment for Iran
Individuals from Iran are exempt from the 12-month bar if a negative decision was made between December 20, 2021, and December 19, 2022. These individuals may now apply for a PRRA if they received a negative final decision from:
- The Immigration and Refugee Board of Canada,
- the Federal Court, or
- the Immigration, Refugees and Citizenship Canada.
However, if they receive a final negative decision after December 19, 2022, they are not eligible to apply for a PRRA for 12 months. Also, this exemption does not guarantee its outcome. “IRCC officers will continue to decide on each case individually, based on the information provided,” said IRCC.
In addition, IRCC mentioned that the Canada Border Services Agency will advise eligible individuals from Iran that they can apply for a PRRA, before removing them from Canada. Moreover, individuals are responsible for keeping their PRRA application up to date. They must inform IRCC of any changes to their application.
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