Pre-Removal Risk Assessment (PRRA). Introduction to PRRA Processed by CIC. Their job is to decide...

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Pre-Removal Risk Pre-Removal Risk Assessment (PRRA) Assessment (PRRA)

Transcript of Pre-Removal Risk Assessment (PRRA). Introduction to PRRA Processed by CIC. Their job is to decide...

Pre-Removal Risk Pre-Removal Risk Assessment (PRRA)Assessment (PRRA)

Introduction to PRRAIntroduction to PRRA

Processed by CIC.Processed by CIC. Their job is to decide whether a person deserves Their job is to decide whether a person deserves

the status of a protected person. the status of a protected person. The PRRA is not an appeal. You may only The PRRA is not an appeal. You may only

submit new information or evidencesubmit new information or evidence The decision is based on the written information The decision is based on the written information

submitted although a hearing may be held.submitted although a hearing may be held. Be aware that Legal Aid only very rarely funds Be aware that Legal Aid only very rarely funds

PRRA cases.PRRA cases.

You can apply for PRRA if:You can apply for PRRA if:

You were refused by the IRB for the first time.You were refused by the IRB for the first time. You made a refugee claim in Canada in the past, You made a refugee claim in Canada in the past,

and and you have been out of Canada for at least you have been out of Canada for at least six months since your previous claimsix months since your previous claim. .

You were refused refugee protection because of You were refused refugee protection because of exclusion or inadmissibility. However, if CIC exclusion or inadmissibility. However, if CIC decides that you are at risk, they may decide not decides that you are at risk, they may decide not to remove you. to remove you.

ProcedureProcedure

The rejected refugee claimant receives a letter The rejected refugee claimant receives a letter from CIC inviting them for an appointment and from CIC inviting them for an appointment and asking them to bring ID documents.asking them to bring ID documents.

At the appointment, the rejected refugee claimant At the appointment, the rejected refugee claimant will receive:will receive:– The PRRA application. The PRRA application. – A letter establishing the times (You have 15 A letter establishing the times (You have 15

days to apply for the risk assessment and a days to apply for the risk assessment and a further 15 days to make any written further 15 days to make any written submissions)submissions)

Procedure cont’dProcedure cont’d

The last page of the PRRA application is the The last page of the PRRA application is the “statement of no intention”. “statement of no intention”.

If Departure, is recommended to signIf Departure, is recommended to sign If PRRA, is recommended not to signIf PRRA, is recommended not to sign

Interview with clientInterview with client

Is recommended to have this interview just after Is recommended to have this interview just after receiving the negative decision from the IRB, even receiving the negative decision from the IRB, even if the judicial review is going to be filed. if the judicial review is going to be filed.

Explain the process and the concept of risk (three Explain the process and the concept of risk (three fundamental values).fundamental values).

Explain about the last section of the PRRA form, Explain about the last section of the PRRA form, (Section I, statement of no intention,) in order that (Section I, statement of no intention,) in order that they do not sign anything at the appointment. they do not sign anything at the appointment.

Interview cont’dInterview cont’d

Narrative since refugee hearing until the Narrative since refugee hearing until the present (PIF narrative only background)present (PIF narrative only background)

Old evidence not submitted to the refugee Old evidence not submitted to the refugee hearing (with an explanation of why not)hearing (with an explanation of why not)

New evidence to support the new narrative New evidence to support the new narrative (nothing that was used at the hearing)(nothing that was used at the hearing)

Ask for copies of schedule #1, PIF and H&C Ask for copies of schedule #1, PIF and H&C application. application.

Set deadline to bring new evidence Set deadline to bring new evidence

PRRA ApplicationPRRA Application

Who fills the PRRA application? Persons 18 Who fills the PRRA application? Persons 18 years of age or older. Minors are included years of age or older. Minors are included on the parent’s application.on the parent’s application.

The first thing to do is to go to the last The first thing to do is to go to the last Section “I” and put a line through it because Section “I” and put a line through it because you you are are doing the PRRA.doing the PRRA.

Application cont’dApplication cont’d

Section A- Personal and Family InformationSection A- Personal and Family Information The principal applicant could be:The principal applicant could be:

– The one who was at refugee process orThe one who was at refugee process or– Any other member of the family Any other member of the family

Domestic Violence in CanadaDomestic Violence in Canada Children that became adultsChildren that became adults

Application cont’dApplication cont’d

Section B – Personal History Section B – Personal History Question # 19: The answer must be no. Question # 19: The answer must be no.

Remember that almost 100% are determined Remember that almost 100% are determined eligible to make a refugee claim.eligible to make a refugee claim.

Question # 20, 21, 22 and 23: If answer yes, the Question # 20, 21, 22 and 23: If answer yes, the explanation becomes the most important part.explanation becomes the most important part.

Question # 25: If answer yes, will affect negatively Question # 25: If answer yes, will affect negatively your PRRA and the explanation becomes the most your PRRA and the explanation becomes the most important part.important part.

Application cont’dApplication cont’d

Section C – Arrival DetailsSection C – Arrival Details Question # 29: If yes, they will check with Question # 29: If yes, they will check with

embassy or consulate and compare files.embassy or consulate and compare files. Question # 30: The answer must be for an Question # 30: The answer must be for an

indefinite time. (Canada indefinite time. (Canada does not provide temporary protection so the person does not provide temporary protection so the person

will be rejected.)will be rejected.) Question # 36: The majority of countries do not Question # 36: The majority of countries do not

require exit visa to their citizens.require exit visa to their citizens. Question # 41 and 43: Any reason is valid, except Question # 41 and 43: Any reason is valid, except

“I did not want to” “I did not want to”

Application cont’dApplication cont’d

Question #46: If answer yes, there is a Question #46: If answer yes, there is a problem. It is not recommendable to apply problem. It is not recommendable to apply for a passport from a state from which you for a passport from a state from which you are fleeing. A new passport will facilitate are fleeing. A new passport will facilitate removal and will be seized by CIC.removal and will be seized by CIC.

Application cont’dApplication cont’d

Section D – Required information for PRRASection D – Required information for PRRA Question # 49: Are you wanted by the Question # 49: Are you wanted by the

authorities? The answer could be Yes or No, authorities? The answer could be Yes or No, depending on the case. depending on the case.

Question # 51: The positive effect could be if Question # 51: The positive effect could be if relatives were already accepted and you relatives were already accepted and you can make any connection with the case.can make any connection with the case.

Application cont’dApplication cont’d

Section E – Reasons for applying for PRRASection E – Reasons for applying for PRRA(This is the most important part of the whole (This is the most important part of the whole

form). form). Question # 52 and 53: The suggested Question # 52 and 53: The suggested

answer is: “Submission will follow.” The answer is: “Submission will follow.” The whole submission will address these whole submission will address these questions.questions.

Question # 54: The suggested answer is: Question # 54: The suggested answer is: documents will follow with submissiondocuments will follow with submission

Application cont’dApplication cont’d

Sections F and GSections F and G Put yourself as counsel but say no to Put yourself as counsel but say no to

receive documents, information, disclosure, receive documents, information, disclosure, etc.etc.

The ownership is on the applicant. They will The ownership is on the applicant. They will look for you if they need more help or if they look for you if they need more help or if they receive something.receive something.

Preparing the submissionsPreparing the submissions

The golden rule… The golden rule… each affirmation must be supported by an each affirmation must be supported by an

attachment/evidence/statementattachment/evidence/statement

IntroductionIntroduction Profile of the rejected claimantsProfile of the rejected claimants Brief linking with the persistence of riskBrief linking with the persistence of risk Explanation about what we asking forExplanation about what we asking for

Submissions cont’dSubmissions cont’d

Case history or summary of the PIF narrative Case history or summary of the PIF narrative emphasizing that the case is genuineemphasizing that the case is genuine

Use old evidence that was not submitted at the Use old evidence that was not submitted at the refugee hearingrefugee hearing

Example: Persistent Targeting of the Claimants Example: Persistent Targeting of the Claimants Family by FARCFamily by FARC

Use the new statement which needs to be signed Use the new statement which needs to be signed by the rejected claimant and submitted as an by the rejected claimant and submitted as an attachment.attachment.

Submissions cont’dSubmissions cont’d

Use of letter from witnessesUse of letter from witnesses Use Gender reflections, the best interest of the Use Gender reflections, the best interest of the

child, age, povertychild, age, poverty Lack of State ProtectionLack of State Protection Country Conditions (e.g. in Colombia and FARC Country Conditions (e.g. in Colombia and FARC

Activity)Activity) All international reports, news clippings and All international reports, news clippings and

opinion of experts.opinion of experts. Conclusion Conclusion

Submissions cont’dSubmissions cont’d

Table of ContentsTable of Contents List of all the supporting documents of List of all the supporting documents of

evidences.evidences.