If your Pre-Removal Risk Assessment (PRRA) is denied, you face imminent removal by the CBSA. To fight this, you must generally file a Judicial Review at the Federal Court of Canada within 15 days, and simultaneously request the IRCC officer to reconsider their decision based on a breach of natural justice or a clear error of fact.
Receiving a negative decision on a Pre-Removal Risk Assessment (PRRA) is a terrifying moment. It signals that Immigration, Refugees and Citizenship Canada (IRCC) does not believe you face a personalized risk of torture, risk to life, or cruel and unusual punishment if deported. Once the PRRA is rejected, the Canada Border Services Agency (CBSA) is legally authorized to execute your removal order. Whether you are based in Winnipeg, Halifax, Victoria, or Toronto, the rules governing this process are strictly federal. Acting immediately is critical to preserving your physical safety.
In Canadian administrative law, a “reconsideration” is an informal request asking the original officer to look at the file again. However, officers rarely change their minds unless there is a glaring, undeniable mistake. Because reconsideration requests do not legally stop a deportation on their own, experienced lawyers strongly advise filing an Application for Leave and for Judicial Review at the Federal Court as your primary defence strategy.
Step-by-Step Process for PRRA Reconsideration in Canada
Challenging a failed PRRA is a highly technical legal battle. It requires precision, speed, and an intimate understanding of Canadian common law principles regarding procedural fairness.
Step 1: Reviewing the Negative Decision and Officer Notes
The first step is dissecting the refusal letter. You must request the detailed officer’s notes, often obtained through an Access to Information and Privacy (ATIP) request. These notes reveal the exact reasons why your evidence was rejected. Did the officer ignore crucial medical documents? Did they misunderstand the timeline of events? Finding the precise error is the foundation of your defence.
Step 2: Filing for Judicial Review at the Federal Court
You have a strict 15-day deadline from the day you receive the negative PRRA decision to file an Application for Leave and for Judicial Review at the Federal Court of Canada. This is mandatory. Even if you plan to ask the officer for reconsideration, you must secure your spot in Federal Court. Missing this 15-day window is fatal to your legal case.
Step 3: Identifying a Breach of Natural Justice
A successful reconsideration request usually hinges on proving a breach of natural justice or a clear error of fact. For example, if the IRCC officer relied on an outdated country condition report, or if they never gave you an opportunity to respond to a piece of evidence they used against you, this violates Canadian procedural fairness. You must explicitly document this breach.
Step 4: Drafting and Submitting the Reconsideration Request
Draft a formal, highly structured legal letter addressed to the IRCC PRRA unit that issued the refusal. Present the specific error of fact or procedural breach simply and professionally. Avoid merely complaining that you disagree with the outcome; you must show a clear legal failure in how the decision was reached.
Step 5: Requesting an Administrative Deferral of Removal
Because neither a reconsideration request nor a standard Judicial Review automatically stops the CBSA from deporting you, your lawyer may need to file an emergency motion for a stay of removal at the Federal Court. This requires proving that you will suffer irreparable harm if deported before the judge can hear your full case.
How Much Does it Cost in Canada?
Defending against deportation is legally complex and financially demanding. Because it involves the Federal Court, hiring a seasoned law firm is almost mandatory. Costs in CAD include:
- Federal Court Filing Fee: $50 CAD for the Application for Leave and for Judicial Review.
- ATIP Request Fee: $5 CAD (to get the officer’s notes).
- Emergency Stay of Removal Filing: Approximately $50 CAD court fee, but demands massive legal work.
- Lawyer Fees: Retaining a lawyer to handle a Federal Court Judicial Review and emergency stay typically ranges from $4,000 to $10,000 CAD, depending on the urgency and complexity.
How Long Does the Process Take?
Time is your biggest enemy. You have exactly 15 days to file in Federal Court after receiving the refusal. A reconsideration request should be submitted as quickly as possible, ideally within days. If the Federal Court grants “Leave” (permission to hear the case), the actual hearing might take 6 to 12 months. An emergency stay of removal, however, is often argued within 24 to 48 hours of your scheduled deportation flight.
Frequently Asked Questions (FAQ)
Does asking for reconsideration pause my deportation?
No. Submitting a reconsideration request to IRCC does not halt the CBSA removal process. Only a Federal Court judge or an explicit CBSA deferral can legally stop the flight.
Can I add new evidence to a reconsideration request?
Generally, reconsideration is based on the evidence that was already before the officer. If you have genuinely new evidence that arose after the decision, you might need to submit a second PRRA, though this is heavily restricted.
What is an error of fact?
An error of fact occurs when the decision-maker gets a tangible detail wrong, such as confusing the city where an assault happened or misreading the date on an official police report.
Can I represent myself in Federal Court?
While you are legally permitted to self-represent, Federal Court procedures are incredibly complex and rigid. Retaining a specialized Canadian immigration lawyer is highly recommended.
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