How Bill C-12 Affects PRRA Applications in Canada

Canada Bill C-12, the Strengthening Canada’s Immigration System and Borders Act, changes how some people seeking protection in Canada access the refugee system. One of the most important impacts is the increased role of the Pre-Removal Risk Assessment, commonly called a PRRA.

For some refugee claimants, Bill C-12 may mean they are no longer referred to the Immigration and Refugee Board for a full refugee hearing. Instead, if they are found ineligible under the new eligibility rules, they may have to rely on the PRRA process before removal from Canada.

How Bill C-12 Changes Access to Refugee Hearings

Bill C-12 changes access to refugee hearings by creating new eligibility rules that can prevent certain claims from being referred to the Refugee Protection Division. If a person is found ineligible, they may not receive a full oral hearing before the Immigration and Refugee Board, even if they fear serious harm in their home country.

This is a major shift in the refugee claim process.

Before Bill C-12, many refugee claimants who were eligible had their case referred to the Refugee Protection Division of the Refugee Board. They could submit evidence, testify at an oral hearing, explain their personal circumstances, and receive a decision from an independent tribunal. Under Bill C-12, some claims may stop at the eligibility stage. This is especially important for people affected by the one-year asylum claim rule or the 14-day irregular entry rule. If they are found ineligible, their main protection option may become a Pre-Removal Risk Assessment.

Canada Bill C-12 and the New PRRA Reality

Canada Bill C-12 does not eliminate refugee protection in Canada. However, it changes who can access the refugee hearing process. The Canadian government has stated that people affected by the new eligibility rules will still have access to a PRRA before removal.

That means the PRRA process may become more important for people who entered Canada, delayed making a refugee claim, or entered between ports of entry and did not claim within the required time. For PRRA applicants, the stakes are high. A positive PRRA decision may result in protected person status, while a negative decision may allow the Canada Border Services Agency to continue the removal process.

Pre-Removal Risk Assessment (PRRA) vs Refugee Hearing: What Is the Difference?

A PRRA and a refugee hearing both assess risk, but they are not the same process. A refugee hearing usually involves an oral hearing before the Refugee Protection Division. A PRRA is usually decided by an officer based mainly on written documents, written submissions, and supporting evidence.

The key differences matter. A refugee hearing allows the claimant to explain the fear directly. A PRRA assessment often depends heavily on written evidence. This can be difficult for vulnerable people, trauma survivors, unaccompanied minors, people with limited documentation, or people who need to explain complex personal risk.

Who Is Most Affected by the PRRA Changes?

The people most affected are refugee claimants who are found ineligible for referral to the Refugee Protection Division under Bill C-12.

This may include:

1. People who first entered Canada after June 24, 2020 and waited more than one year to make a refugee claim.

2. People who entered Canada between ports of entry at the Canada-United States land border and claimed after 14 days.

3. Temporary residents whose fear of return developed after they entered Canada.

4. People who did not understand the refugee claim process.

5. People who could not access legal help in time.

6. Unaccompanied minors or people with legal guardianship issues.

7. People affected by trauma, gender-based violence, family violence, or mental health concerns.

8. People facing removal after being found ineligible.

These are often people with complicated personal circumstances. Some may have entered Canada legally with temporary status. Others may have delayed claiming because they were afraid, misinformed, dependent on a family member, or still processing events in their home country.

Does PRRA Provide the Same Protection as Refugee Status?

A successful PRRA can provide protection from removal and may lead to protected person status, but the process is not the same as a refugee hearing. PRRA is generally narrower, more document-driven, and often does not include an oral hearing.

This does not mean PRRA is unimportant. For someone facing removal, a PRRA can be a critical process. It can prevent removal to a country where the person may face persecution, torture, risk to life, or cruel and unusual treatment.

However, PRRA applicants must usually prove their risk through written documents.

This may include:

• Personal affidavit evidence.

• Country condition reports.

• Medical records.

• Police reports.

• Threat evidence.

• Political or religious activity documents.

• Evidence of gender-based violence.

• Evidence of family targeting.

• Evidence of serious criminality or state persecution.

• Proof that protection in the home country is unavailable.

The officer reviews whether the person faces a personal risk that meets the legal test. General hardship, economic difficulty, or a desire to remain in Canada will not be enough.

Can You Still Stay in Canada Through PRRA After Bill C-12?

Yes, some people may still remain in Canada through a successful PRRA after Bill C-12. However, PRRA is not automatic approval. The applicant must meet strict deadlines, submit evidence, and show they face a serious risk if removed to their home country.

A PRRA may temporarily pause removal while it is being assessed, depending on the circumstances and the stage of the removal proceedings. However, not everyone is immediately eligible to apply for a PRRA. Some people may face a waiting period, especially if they previously made a refugee claim or submitted a previous PRRA application. Others may receive a PRRA notification from the Canada Border Services Agency when removal becomes active.

If the PRRA is refused, the person may need to consider a judicial review at the Federal Court. If removal is imminent, they may also need to consider a stay motion.

Common Challenges in PRRA Applications Under Bill C-12

PRRA applications can be difficult because they are often decided on a written record.

This means the application must be complete, detailed, and well-supported from the beginning.

Common challenges include:

1. Weak supporting evidence.

2. Missing country condition documents.

3. Failure to explain personal risk.

4. Relying only on general country problems.

5. Not addressing previous refugee claim findings.

6. Missing strict deadlines.

7. Submitting an incomplete application form.

8. Not responding properly to a procedural fairness letter.

9. Failing to explain new evidence.

10. Not showing why state protection is unavailable.

Bill C-12 may increase these challenges because more people may be pushed into PRRA after being found ineligible for a refugee hearing.

For many applicants, this means the written submissions must do the work that oral testimony might have done at the Refugee Board.

Procedural Fairness Letters in PRRA Applications

A procedural fairness letter is a warning that the officer has concerns about the PRRA application and is giving the applicant a chance to respond. This response can be critical because a weak or incomplete answer may lead to a negative decision.

The concerns may involve credibility, missing documents, changed country conditions, previous findings, identity, or whether the evidence shows a personal risk. A response should directly address the concern raised. It should not simply repeat the original application. Where possible, it should include additional evidence, updated country documentation, and clear legal submissions.

Personal Circumstances and New Evidence

Personal circumstances are often central to a PRRA application. Officers may consider the applicant’s identity, past harm, family situation, medical evidence, political activity, gender identity, religion, ethnicity, and other specific circumstances that increase risk in the home country.

New evidence is especially important. In many PRRA cases, the officer will want to know what has changed since any previous refugee claim, previous PRRA application, or earlier immigration decision.

New evidence may include:

• A new threat.

• Updated medical records.

• New political activity.

• Recent country condition evidence.

• New evidence involving family members.

• Proof of worsening conditions in the destination country.

• Evidence of armed conflict or targeted violence.

• Documents showing the applicant is now at greater risk.

A PRRA application should be prepared on a completed basis.

It should not assume that the officer will ask follow-up questions.

What Happens if You Are Found Ineligible for a Refugee Claim?

If you are found ineligible for a refugee claim under Bill C-12, your case may not be referred to the Immigration and Refugee Board. You may instead need to apply for a PRRA if you are facing removal from Canada. Being found ineligible is not the same as being found safe. It means Canada has decided that your claim cannot proceed through the normal refugee hearing process.

You may still need protection. You may still fear serious harm. But your legal route may change. Depending on the case, options may include:

1. PRRA application.

2. Request for deferral of removal.

3. Humanitarian and compassionate application.

4. Temporary status options, if available.

5. Judicial review at the Federal Court.

6. Stay of removal if removal is imminent.

The right strategy depends on the facts, timelines, and evidence.

How an Immigration Lawyer Can Help With PRRA Applications

An immigration lawyer can help determine whether Bill C-12 affects your access to a refugee hearing, whether you are eligible to apply for a PRRA, and what evidence is needed to show risk. Legal advice is especially important if you are facing removal or have received a PRRA notification.

At AKM Law, we assist clients with refugee claims, PRRA applications, inadmissibility concerns, removal proceedings, and Federal Court litigation.

We begin by reviewing your immigration history, date of entry to Canada, previous refugee claim process, temporary status, removal order, and any deadlines. We then assess whether you may be found ineligible under Bill C-12 and whether PRRA is the appropriate legal avenue.

For PRRA applications, we help prepare detailed written submissions, gather supporting evidence, organize country condition materials, respond to procedural fairness letters, and explain why removal would expose you to persecution, torture, risk to life, or cruel and unusual treatment.

If a PRRA is refused, we can assess whether judicial review at the Federal Court is appropriate. If removal is scheduled, we can also review whether a deferral request or emergency stay motion is available. Bill C-12 has made access to refugee protection more technical. If you are seeking protection in Canada, have been found ineligible for a refugee claim, or are facing removal, legal advice should be obtained as early as possible.