October 9, 2024 – The Canadian government has announced an important policy change, offering nationals of Venezuela an exemption from the 12-month bar on applying for a Pre-Removal Risk Assessment (PRRA). This exemption applies to Venezuelan nationals whose decisions by the Immigration and Refugee Board (IRB), Federal Court, or previous PRRA were made between October 10, 2023, and October 9, 2024. After October 9, 2024, Venezuelan nationals will be subject to the regular 12-month PRRA bar.
This update is part of Canada’s ongoing effort to address changing conditions in Venezuela, providing nationals who may face risks in their home country with additional avenues to seek protection in Canada.
What is a Pre-Removal Risk Assessment (PRRA)?
A Pre-Removal Risk Assessment is an application process that allows individuals facing deportation from Canada to present evidence that they would face persecution, torture, or cruel and unusual treatment if they were returned to their home country. If successful, the PRRA could delay or prevent their removal from Canada.
Key Highlights of the Policy Update:
- Exemption Period: Nationals of Venezuela are exempt from the 12-month PRRA bar if their decision was made between October 10, 2023, and October 9, 2024.
- Regular 12-Month Bar: Nationals of Venezuela whose decisions are made after October 9, 2024, will be subject to the standard 12-month bar on PRRA applications.
- Notification and Application Process: Once notified by the Canada Border Services Agency (CBSA), individuals have 15 days to submit their PRRA application and an additional 15 days to submit supporting documents.
Understanding the 12-Month PRRA Bar
The 12-month PRRA bar typically applies to individuals who have already received a negative decision on their refugee claim or PRRA application within the past year. Under regular conditions, these individuals are not allowed to apply for a new PRRA until 12 months have passed since their last decision. This rule is designed to prevent repetitive applications without new evidence of risk.
However, exemptions can be made in cases where country conditions have worsened, as is currently the case in Venezuela. The Canadian government reviews conditions in certain countries and makes exceptions to ensure that individuals at risk of harm can apply for protection.
Who is Eligible for PRRA?
Individuals in Canada may be eligible to apply for a Pre-Removal Risk Assessment if:
- They are facing a removal order that is in force.
- They are named in a security certificate.
Certain individuals are barred from applying for PRRA, such as protected persons, Convention refugees, and those subject to an authority to proceed under the Extradition Act.
Regulatory Stay of Removal
Once an individual is notified of their PRRA eligibility, the removal order against them is temporarily stayed, meaning they cannot be removed from Canada until a decision is made on their PRRA application. This stay is in effect only if the application is submitted within the given 15-day window.
Subsequent PRRA Applicants
For individuals who have previously applied for PRRA and were unsuccessful, there are certain restrictions. They may apply for a subsequent PRRA only if new risks have arisen since their last application. However, these subsequent PRRA applicants are not granted the same regulatory stay of removal as first-time applicants.
Exemptions from the 12-Month Bar for Venezuelan Nationals
The exemption for Venezuelan nationals reflects Canada’s recognition of the changing political, social, and economic conditions in Venezuela. The exemption allows individuals who may have been previously ineligible for PRRA to reapply, ensuring they have the opportunity to present new evidence of risk.
FAQ: Pre-Removal Risk Assessment (PRRA)
1. Who can apply for a PRRA? Individuals subject to a removal order in Canada may apply for a PRRA, provided they are not barred from doing so (e.g., protected persons or those subject to an authority to proceed under the Extradition Act).
2. What does the PRRA process involve? Once notified of PRRA eligibility, applicants have 15 days to submit their application and an additional 15 days to submit supporting documents. During this time, the removal order is stayed, meaning the individual cannot be deported until a decision is made.
3. What is the 12-month bar? The 12-month bar prevents individuals who have received a negative decision on their refugee claim or PRRA from reapplying within 12 months of the decision, unless an exemption applies.
4. How are Venezuelan nationals affected by this exemption? Venezuelan nationals whose PRRA decision was made between October 10, 2023, and October 9, 2024, are exempt from the 12-month bar. This exemption allows them to reapply for PRRA even if they previously received a negative decision within the past year.
5. What happens if I miss the 15-day application window? If the application is not submitted within the 15-day window, the stay of removal is lifted, and the individual may be subject to deportation.
6. What should I include in a PRRA application? Applicants should provide new evidence of risk, including any political, social, or economic changes in their home country that could put them at risk of persecution, torture, or inhumane treatment if they were returned.
Canada continues to adjust its immigration and protection policies in response to global changes. The exemption of Venezuelan nationals from the 12-month PRRA bar reflects the country’s commitment to providing a fair opportunity for individuals facing evolving risks in their home countries. Venezuelans who meet the criteria can now reapply for PRRA, ensuring their safety and well-being are prioritized.
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