A Humanitarian & Compassionate application, brought in a timely way is another avenue to acquire permanent resident status. However, the timely filing of a Humanitarian & Compassionate application is key to maximizing the chances of a positive Humanitarian & Compassionate application. There are many cases where a person has filed a Pre Removal Risk Assessment that is suddenly refused, leading to a Direction to Report for removal from Canada. A pre-existing Humanitarian & Compassionate application can be the basis to request a stay of removal from the Federal Court of Canada.
If a Pre Removal Risk Assessment is negative, a challenge to the negative decision can be made within 15 days at the Federal Court. However, the filing of a case at the Federal Court does not automatically lead to another stay or pausing of removal. A Federal Court application for a stay of removal (aka Federal Court Stay or ‘stay motion’ or ‘stay’) must be filed as well as be granted by a Federal Court Judge.
Pre Removal Risk Assessment Decision Negative and Direction to Report for Removal From Canada
Those persons who receive a negative Pre Removal Risk Assessment are often also faced with a Direction to Report for Removal from Canada. In some cases, there is an option to take the negative Pre Removal Risk Assessment to the Federal Court. However, the chance of success for overturning a negative P.R.R.A. decision at the federal court is often quite low.
It is a good idea to have an in-Canada Humanitarian & Compassionate application filed. The best time to file such a Humanitarian & Compassionate application is as soon as is allowed. An H&C cannot be filed if there is a pending matter at the Immigration Refugee Board unless 12 months have elapsed.
How Long Does a Pre Removal Risk Assessment Take To Decide and What Next?
The time it takes to decide a Pre Removal Risk Assessment is subject to many factors. Some include the country conditions, where persecution is alleged, whether a Pre Removal Risk Assessment applicant is detained in Canada, whether there is a need for an interview, and the amount of Pre Removal Risk Assessment decisions that may form part of a backlog in the immigration system.
The Pre Removal Risk Assessment and the benefit of a ‘stay’
Persons who make a refugee claim within Canada are subject to a conditional removal order when they initiate a refugee claim. That removal order is paused until Immigration Refugee Board denies the refugee claim. If you apply for a Pre Removal Risk Assessment, that removal from Canada is paused or ‘stayed’. Removal from Canada will thus be stopped until a decision is made on the Pre Removal Risk Assessment. If you receive a negative Pre Removal Risk Assessment and file a subsequent Pre Removal Risk Assessment there is no stay of removal.
Already Filed pre removal risk assessment: what next?
A pre removal risk assessment is issued by a Canada border services agency officer. The CBSA initiates this when a person is ‘removal ready.’ ‘Removal ready’ typically means that the person has exhausted all other courses of action such as immigration and refugee Board proceedings, and/or federal court applications for judicial review. Thus a Pre Removal Risk Assessment is issued when the CBSA starts the removal process.
Next Step: Filing a Humanitarian & Compassionate Application to Stay in Canada
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