Case details have been withheld to protect the client’s privacy.
The Challenge
Two clients (the “Clients” or “Applicants”) arrived in Canada aboard a commercial ship as seafarers. They defected from their duties to seek refugee protection in Canada. They feared persecution by their country’s authoritarian government.
Before the Applicants could learn how to make a refugee claim in Canada, the ship captain reported their defection to the CBSA, and a removal order was issued preventing their refugee claim.
Instead, they were given an opportunity to submit a Pre-Removal Risk Assessment (PRRA). This is an opportunity to persuade the Canadian immigration authorities that the Applicants should not be removed from Canada because they face a serious risk of harm in their country of origin.
In PRRAs, unlike refugee claims, there is no hearing by default. Without an opportunity to present their case in person before the decision maker, the claimant is reduced to a name on paper, which increases the lawyer’s responsibility to effectively convey the applicant’s story and credibility through persuasive writing supported by evidence.
PRRAs have faced an average approval rate of 14% since 2023[1], among the lowest in Canadian immigration.
The Strategy
We assisted the clients in completing their forms and clarified how each question related to their case.
During several meetings, we guided the clients in drafting their narratives, addressing all relevant aspects of the legal test. We coordinated the collection of supporting personal evidence and researched objective evidence of the risk the clients faced.
We presented evidence and legal arguments that:
- The Applicants were employed by an international private company that, in fact, is a shell company owned by the authoritarian government of their country of origin to bypass a trade embargo and export their goods to Western markets.
- The Applicants had faced persecution within the ranks of the naval commercial company they worked for, based on their innate or unalterable characteristics.
- Their employer was more likely than not to report their defection to the authoritarian government.
- The Applicants were more likely than not to suffer persecution for their defection and innate characteristics upon return to their country of origin.
The Result
The Applicants received work permits to work legally in Canada while waiting for a decision on their PRRA.
After nearly a year and a half, we received a written decision accepting our legal arguments and approving the PRRAs. No hearing was held. The clients have been granted protected person status in Canada.
The fear of returning to their country of origin has been alleviated, and they are now eligible to apply for permanent residence in Canada.
Key Takeaways
- PRRAs are intricate applications that undergo rigorous review by IRCC.
- A PRRA may be the last resort of many applicants to prevent CBSA from enforcing the applicant’s removal from Canada.
- If you have been invited to apply for PRRA or believe you might face removal from Canada, consult an immigration professional as soon as possible. Addressing potential issues early increases your chances of success.
[1] SOCI 25.2 – PRRA Process and Guidelines [COMBINED 25.3, 25.4, 25.6, 25.7]. IRCC’s response to a request for information made by the Standing Senate Committee on Social Affairs, Science and Technology on February 12, 2026.
