Facing removal from Canada? Here are some options

2015-03-30

Denied Visa on Passport

If you are facing removal from Canada, all is not lost.  CIC will likely notify you about a process where you can remain in Canada.

PRRA (or Pre-Removal Risk Assessment) is a process available to those facing removal from Canada.  Don’t know if you qualify?  If you do qualify you’ll receive a notification letter – but be ready to act quickly when you receive notice from CIC.

PRRA is designed for those facing removal from Canada, but who do not pose a risk to the Canadian public.

You’ll need to prove that if you are sent back to your country of origin, you will be persecuted.  The onus of proof lies on you, and the most common application follows the same five main criteria as a refugee application: well-founded fear, persecution, UN Convention Refugee categories, state protection and internal flight alternative.

Well-founded fear

If you were forced to return to your country of origin you would be personally afraid for your life.  You must also prove that other international organizations have documented similar accounts of persecution in your country of origin.

Persecution

Persecution is a threat to life or freedom.  There must be repeated incidents of persecution, leading to a genuine fear of death or continued persecution.

Your persecution must fit into 1 of the following 5 UN Convention Refugee categories (“Nexus”):

  1. Race/Ethnicity- includes race, colour, descent, and national, tribal, clan or ethnic origin
  2. Religion- Right to personal beliefs and spiritual practice
  3. Nationality- Citizenship or membership to an ethnic or linguistic group
  4. Political Opinion-Freedom of opinion and expression
  5. Membership in a Particular Social Group:

Note that “group” is defined by innate or unchangeable characteristics, orwhose members voluntarily associate for reasons so fundamental to their human dignity they ought not be forced to forsake this association (human rights activists for example).

Membership in a “group” can also include former involuntary status unalterable due to its historical permanence.  One example might be if you are a member of a political group, always you are always considered a member.

State Protection

Did you approach your government in your country for protection?  If not, why not?  A request for protection is not required, but an explanation of why the government in your country of origin will not protect you is required.

Internal Flight Alternative

There must be no safe place for you in your country of origin.

You may stay in Canada while you await this PRRA decision, and you may apply for a work permit (or an extension as the case may be) while your application is in process.

But you must not leave Canada until a final decision is made.  If you leave Canada, prior to a final decision, you may not be allowed to re-enter.

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Thank you!

About the author

Gianpaolo Panusa Gianpaolo Panusa is a Canadian immigration lawyer, writer, and founder of the PanCanadian Immigration Law Group based in Vancouver, Canada. Google+ Profile

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