Pre-Removal Risk Assessment or Refugee Claim - What is the Difference?

By Associate Ridhi Chogal

Canada offers two distinct pathways for individuals seeking protection: filing a refugee claim or submitting a Pre-Removal Risk Assessment (PRRA) application.

Both the refugee claim process and the PRRA application have similar consequences once a decision is rendered. A positive decision in a refugee claim or a PRRA application, can lead to a determination of protected person status, which allows applicants to apply for permanent residence in Canada. A negative decision can lead to removal from Canada.

Despite these similarities, there are key differences between a refugee claim and the PRRA application process. These differences are significant, and, when put into practice, can have a large impact on a person’s access to protection in Canada.

As a disclaimer, this blog is accurate as of March 24, 2026. The law is in flux while Bill C-12 heads towards its Third Reading before the Senate. Any changes in the law will be updated here as the information becomes available.

Filing the application: timing and access to the process

A refugee claim is the initial request for protection and is typically filed when an applicant first realizes that they need protection due to fear of persecution or harm in their home country. A refugee claim is initiated by the applicant and can be filed at a port of entry to Canada or after entering Canada. A refugee claim can be filed as soon as the applicant realizes a need for protection and there is no waiting period or any other administrative prerequisite involved.

A PRRA application, on the other hand, can only be filed under limited circumstances, such as after a refugee claim has been rejected, withdrawn, or abandoned; or if  a claim is found ineligible to be referred to the Immigration and Refugee Board (IRB); or if an applicant has been found to be excluded from protection under the Refugee Convention. Moreover, a PRRA application can only be filed if an applicant receives a notification from Canada Border Service Agency (CBSA) that they are eligible to make a PRRA application. Additionally, in the case of a rejected, withdrawn, or abandoned refugee claim, there is usually a waiting period before an applicant becomes eligible to submit a PRRA application, the length of which will vary depending on the specific circumstances of the applicant and their claim before the IRB.

Application deadlines

As claimants can file a refugee claim on their own accord, there typically is no deadline when the claims need to be submitted unless the claim is made at a port of entry, where claimants have 45 days to submit their completed basis of claim form. Notably, however, this is subject to change if Bill C-12 is passed. The Bill, currently at the committee stage before the Senate, imposes a one-year deadline from their first entry to Canada for claimants to file, or risk being deemed ineligible to be referred to the IRB. Read more about Bill C-12 and its implications on the refugee process in our recent blog.

For a PRRA, applicants must submit their application within 15 days of the notice of PRRA application availability being issued to them from CBSA and supporting evidence and submissions must be filed within 30 days of the CBSA notice

Evidence

Since a refugee claim is an initial request seeking protection, refugee claimants are allowed to submit all evidence that supports their claim and there generally is no bar on what type of evidence can be submitted.

This is not the case in a PRRA application, where an applicant is only allowed to submit evidence that is new and occurred after the refugee claim process or was not available/ reasonably accessible during the refugee claim process.

Right to an oral hearing

Refugee claims are heard and decided by the Immigration and Refugee Board of Canada (IRB) while PRRA applications are decided by CBSA and/or IRCC officers.

In a refugee claim, before a decision is made, a hearing is always scheduled by the IRB—unless the claim is selected for a file-review process for less complex cases. Only positive decisions can be issued from the file-review stage, and any claims that need further examination will be referred to a hearing. In essence, no negative decisions can be issued without having offered an oral hearing.

In contrast, PRRA applications are typically assessed on written submissions only. There is often no requirement for a hearing. Instead, the immigration officer deciding the application has the discretion to schedule a hearing. A PRRA hearing is only usually scheduled in very complex cases or when there are concerns of credibility. In many cases PRRA applicants receive a negative decision without having access to an oral hearing.

While both the refugee claim and the PRRA are designed to protect those at risk of harm, they serve different purposes at different stages of the immigration process. A refugee claim is the first step for those seeking protection, while a PRRA is a last-resort process that comes into play for individuals facing removal from Canada.

If you are facing removal and have not yet applied for a PRRA, make sure to pay close attention to any notification from CBSA. The CBSA will inform you if you are eligible to apply for a PRRA, and you will typically have 15 days to submit your application.

Looking for legal assistance with the PRRA or refugee process? Contact us today—we are here to help.