Operational Bulletin 440-H – December 17, 2012

Changes to the Pre-Removal Risk Assessment Program under the New Legislation

Issue

This Operational Bulletin (OB) deals with changes to the Pre-Removal Risk Assessment (PRRA) process. This is especially because the Balanced Refugee Reform Act and Protecting Canada’s Immigration System Act (PCISA) have come into effect.

This OB replaces the following OBs, which the authorities had issued previously:

• OB 440-C (June 28, 2012) and,
• OB 440-E (August 15, 2012)

The authorities have archived OB 440-C and OB 440-E.

Background

The Protecting Canada’s Immigration System Act (PCISA) received Royal Assent on June 28, 2012 under Bill C-31. This resulted in an amendment to the Immigration and Refugee Protection Act (IRPA). Most of the provisions of the Bill came into effect on December 15, 2012.

However, certain provisions only came into effect on June 28, 2012. Two of these provisions were statutory in nature and concerned the Pre-Removal Risk Assessment (PRRA) process. These provisions declare that:

• A person cannot apply for a Pre-Removal Risk Assessment (PRRA)  if less than 12 months have elapsed since:
• The Refugee Protection Division (RPD) or the Refugee Appeal Division of the Immigration and Refugee Board (IRB)
• Rejected the refugee claim or determined it as having been abandoned or withdrawn
• This provision comes under paragraph 112 (2) (b.1) of the Balanced Refugee Reform Act
• A person cannot apply for a Pre-Removal Risk Assessment (PRRA)  if less than 12 months have elapsed since:
• The authorities rejected the refugee claim or determined it as having been abandoned or withdrawn
• This provision comes under paragraph 112 (2) (c) of the Protecting Canada’s Immigration System Act (PCISA)

The authorities would apply these statutory provisions to Pre-Removal Risk Assessment (PRRA) applications received on or after June 28, 2012. However, the authorities sought Orders in Council on August 15, 2012. The authorities did this to:

• Apply the 12-month bars on Pre-Removal Risk Assessment (PRRA) cases already in the inventory
• The authorities would apply the 12-month bars on applications received prior to June 28, 2012
• Enable the Minister of Citizenship, Immigration and Multiculturalism to impose exemptions to the 12-month bar for certain foreign nationals

Effective on June 28, 2012 with the Royal Assent of Protecting Canada’s Immigration System Act (PCISA)

• The authorities deemed that all new Pre-Removal Risk Assessment (PRRA) cases would remain subject to the 12-month bars mentioned above
• The bar would not apply to Pre-Removal Risk Assessment (PRRA) cases that Citizenship and Immigration Canada (CIC):
• Had received prior to the Royal Assent or,
• Were in process prior to the Royal Assent
• The authorities modified this by Order in Council, dated August 15, 2012
• The authorities also repealed subsection 112 (2) (d) of the Immigration and Refugee Protection Act (IRPA)
• In the past, people could file:
• Refugee claims, which the authorities could deem as being ineligible, abandoned, withdrawn or rejected or,
• Pre-Removal Risk Assessment (PRRA) cases, which the authorities could reject
• The rejection, abandonment, withdrawal or ineligibility of the refugee claims or Pre-Removal Risk Assessment (PRRA) would result in the coming into effect of the removal order for these individuals
• These individuals would need to leave Canada once their removal order came into force
• These individuals could also not apply for Pre-Removal Risk Assessment (PRRA) unless six months had elapsed since their departure
• This six-month bar does not exist any longer
• These individuals would henceforth be subject to the 12-month bar
• However, people who left Canada after the authorities found their refugee claims to be ineligible could apply for Pre-Removal Risk Assessment (PRRA)
• This is applicable even if less than six months have elapsed since their departure

Effective on August 15, 2012, with the Granting of the Orders in Council

• The authorities enabled the CIC to close Pre-Removal Risk Assessment (PRRA) cases and subsequent Pre-Removal Risk Assessment (PRRA) applications, which were in the inventory
• The CIC could close these cases if:
• The authorities had made a previous determination of rejection, abandonment or withdrawal, within the last 12 months (i.e. August 15, 2011 to August 14, 2012) courtesy:
• A Pre-Removal Risk Assessment (PRRA) decision or,
• An Immigration and Refugee Board (IRB) decision AND
• A country exemption did not apply to these cases
• The authorities enabled the Minister to exempt certain individuals from the 12-month bar
• These individuals included:
• Nationals and former habitual residents of a country, who had lived in a given part of that country or,
• Specific groups within countries because of significant changes in the conditions of the country, which could result in certain persons from the groups facing personalised risks related to sections 96 and 97 of the Immigration and Refugee Protection Act (IRPA)
• The authorities have specified this in subsection 112 (2.1) of the Balanced Refugee Reform Act
• The authorities exempted certain countries from the 12-month Pre-Removal Risk Assessment (PRRA) bar, at the time the granting of the Orders in Council took place
• These countries included:
• Central African Republic
• Egypt
• Guinea-Bissau
• Libya
• Mali
• Somalia
• Sudan and,
• Syria
• The authorities granted an exemption to the 12-month bar for the nationals from the above-mentioned countries if:
• The authorities rendered a Pre-Removal Risk Assessment (PRRA) decision or an Immigration and Refugee Board (IRB) decision of rejection, withdrawal or abandonment between August 15, 2011 and August 14, 2012
• Effective August 15, 2012 however, the authorities would not provide any exemptions to the 12-month bar for cases decided by:
• The Immigration and Refugee Board (IRB) or,
• A Senior Immigration Officer
• Therefore, the 12-month Pre-Removal Risk Assessment (PRRA) bar is in effect for all Immigration and Refugee Board (IRB) decisions made on or after August 15, 2012
• In effect, the individuals do not receive any benefit from the exemption provided

Effective on December 15, 2012, with the Coming into Force of the Protecting Canada’s Immigration System Act (PCISA)

• The authorities decided that rejected refugee claimants from a Designated Country of Origin (DCO) would not be eligible for a Pre-Removal Risk Assessment (PRRA) for a period of 36 months from the date of their final decision at the Immigration and Refugee Board (IRB)
• This is not applicable on a retroactive basis to individuals, who are already in the Pre-Removal Risk Assessment (PRRA) inventory i.e. applications received prior to December 15, 2012
• This is in accordance with A112 (2) (b.1)
• The Record of Refugee Claim screen in the Field Operations Support System (FOSS) has a new field
• This field would indicate that the individual belongs to a Designated Country of Origin (DCO)
• The authorities also decided that the Pre-Removal Risk Assessment (PRRA) bar would not be applicable for individuals:
• With a  vacated refugee claim (in accordance with A109 (3)) or,
• With a rejected refugee claim (on the basis of E or F of Article 1 of the Refugee Convention)
• This is in accordance with A112 (2) (b.1)
• Therefore, these individuals could make an application for a Pre-Removal Risk Assessment (PRRA)
• These individuals would also not be subject to the 12-month or the 36-month bars
• The authorities could have determined certain Pre-Removal Risk Assessment (PRRA) applicants as being inadmissible on the grounds of serious criminality
• The authorities would conduct a Pre-Removal Risk Assessment (PRRA) for these individuals
• They would assess this Pre-Removal Risk Assessment (PRRA) based on the provisions of A96 and A97
• However, even a positive decision would have the same result as a restricted Pre-Removal Risk Assessment (PRRA)
• A restricted Pre-Removal Risk Assessment (PRRA) refers to subsection 112 (3)
• Pre-Removal Risk Assessment (PRRA) applicants would receive a full Pre-Removal Risk Assessment (PRRA) if:
• The authorities find them to be inadmissible because of an in-Canada conviction, which carries a punishment of at least 10 years imprisonment
• As mentioned earlier, the authorities would assess this Pre-Removal Risk Assessment (PRRA) based on the provisions of A96 and A97
• However, the issuance of an approved application would not result in the issuance of protected person status
• Instead, the authorities would only grant a stay on the person’s removal order
• This is similar to what happens in the case of individuals, who have restricted Pre-Removal Risk Assessments (PRRAs)
• Prior to December 15, 2012, the authorities would only provide a restricted Pre-Removal Risk Assessment (PRRA) to individuals if:
• The authorities find them to be inadmissible because of an in-Canada conviction, which carries a punishment of at least two years imprisonment
• In addition, the authorities would assess this Pre-Removal Risk Assessment (PRRA) based on the provisions of A97 only
• Moreover, the authorities would not provide any refugee protection if the individuals received an approval on their applications
• Pre-Removal Risk Assessment (PRRA) applicants would receive a full Pre-Removal Risk Assessment (PRRA) (as mentioned above), with a positive decision not resulting in the granting of protected person status, but rather a stay on the removal order if:
• The authorities find them to be inadmissible because of a conviction outside Canada for an offence, which if the individuals had committed within Canada, would have attracted a punishment of at least 10 years imprisonment
• Prior to December 15, 2012, the authorities would only provide a restricted Pre-Removal Risk Assessment (PRRA) to individuals if:
• The authorities find them to be inadmissible because of an in-Canada conviction, which carries a punishment of at least two years imprisonment
• In addition, the authorities would assess this Pre-Removal Risk Assessment (PRRA) based on the provisions of A97 only
• Moreover, the authorities would not provide any refugee protection if the individuals received an approval on their applications

The authorities have decided to transfer the Pre-Removal Risk Assessment (PRRA) function to the Immigration and Refugee Board (IRB). This would take place two years after the date on which the Protecting Canada’s Immigration System Act (PCISA) comes into effect. The CIC would continue to decide the A112 (3) and A115 (1) cases.

The Field Operations Support System (FOSS) / National Case Management System (NCMS) Instructions for when an Immigration and Refugee Board (IRB) or Pre-Removal Risk Assessment (PRRA) Decision is less than One Year Old AND the Canada Border Services Agency (CBSA) triggers a Pre-Removal Risk Assessment (PRRA) in error or if the client sends a Pre-Removal Risk Assessment (PRRA) application directly to the Backlog Reduction Office in Vancouver (BRO-V)

Source: Citizenship and Immigration Canada (CIC)