Over the course of the past year, Immigration has been moving much more aggressively to remove individuals in Canada who lack status. For example, people determined negative by the IRB, rejected H&C applicants etc.
When Immigration seeks to remove an individual, in most but not all cases, a Pre-Removal Risk Assessment (PRRA) is performed by the Officer, where submissions have been made.
PRRAs have a very high failure rate of more than 90 percent. Upon a negative determination, the officer will seek to remove the individual.
If you have been given a negative PRRA you may still have options. Do not delay in having a lawyer review the negative decision to determine whether any error has been made. If a substantive error has been made and irreparable harm would result from your removal to your home country, it is a case where we would recommend that you apply for Judicial Review of the negative decision. Further, in order to be effective, such applications require a motion to the Court to “stay,” or freeze, the removal until the Judicial Review has been resolved. If a stay is granted by the Federal Court, the Judicial Review will proceed in the normal course. Your stay will remain in effect until the Federal Court makes a final determination regarding your appeal of the PRRA decision.
The Federal Court cannot impose its own PRRA decision. Instead, if the Federal Court determines that an error has been made by the PRRA officer, the case will be returned for re-examination and a new decision rendered.