Following a departmental review, Canada has announced a significant update (November 18, 2025) to its Pre-Removal Risk Assessment (PRRA) and section A115 non-refoulement procedures. These changes bring the policy in line with recent court decisions and streamline guidance for those facing removal from Canada.
The PRRA is a critical process for people in Canada under a removal order, allowing them to apply for protection if they’d face persecution, torture, risk to life, or cruel or unusual treatment in their country of return. Recent updates have made the PRRA and non-refoulement guidance easier to navigate and understand.
What’s Changed?
The revised policy:
- Provides a structured Table of Contents for easy reference and step-by-step navigation, making it clearer for officers, lawyers, and applicants.
- Separates and updates section A115 (non-refoulement) instructions—these cases are now detailed under their own heading within the main refugee protection section.
- Aligns all sections with recent jurisprudence and observed litigation trends, ensuring the process matches legal standards and best practices from Canadian courts.
Key Points in the New Policy
Who Can Apply for PRRA?
- Anyone facing a removal order in Canada may apply for PRRA, with certain exceptions (such as those coming from a designated safe third country or some previous claimants).
- Notification, timelines, and eligibility remain key—there are rules on when and how a person is informed of PRRA eligibility, and on regulatory/Ministerial stays of removal during the process.
Upholding Non-Refoulement (Section A115)
- Canada is obligated not to return individuals to countries where they could face persecution, torture, or danger to life.
- Section A115 instructions deal with protected persons, Convention refugees, and specific scenarios like extradition cases and previously recognized refugees.
Processing, Evidence & Hearings
- The new instructions clarify how evidence is assessed, including proof required, standard of proof, and specific legal tests (e.g., “serious possibility” and “balance of probabilities”).
- They explain hearing procedures, oral hearing triggers, the distinction between fact and law, how to handle vulnerable persons and minors, and how to ensure fairness.
- Special attention is paid to gender, sexual orientation, identity, and disability when considering procedural accommodations.
Other Key Topics:
- Exclusions (such as crimes under Article 1F)
- How to handle multiple or subsequent PRRA applications
- Guidelines for abandonment, withdrawal, and vacation of applications
Why This Matters:
For individuals facing removal, PRRA and non-refoulement assessments can be the difference between safety and risk of harm. These updates ensure that everyone—applicants, officers, and lawyers—has clear, current standards to follow, reducing errors and uncertainty.
Canada’s new PRRA and non-refoulement instructions are clearer, tightly aligned with the law, and organized for use in urgent, high-stakes cases. These changes reinforce Canada’s commitment to due process and protection for those at risk of serious harm abroad.
More details, including the complete table of contents and instructions, are available on IRCC’s official refugee protection overview page.
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