The Canadian government has recently announced changes to the pre-removal risk assessment (PRRA) process for individuals from Chad. These changes come in light of deteriorating conditions in Chad, which could potentially put individuals at risk upon their return. This blog post will outline the new eligibility requirements and implications for Chad nationals seeking a PRRA in Canada.
Key Changes to PRRA Eligibility for Chad Nationals:
Effective March 30, 2023, Chad nationals may be eligible to apply for a PRRA if they have received a negative final decision from the Immigration and Refugee Board of Canada, the Federal Court, or a final PRRA decision from Immigration, Refugees and Citizenship Canada (IRCC) between March 30, 2022, and March 29, 2023. The Canada Border Services Agency will inform eligible individuals from Chad who are currently subject to an enforceable removal order about their option to apply for a PRRA.
Exemption from the 12-Month Bar:
Typically, individuals who have had their refugee claim or previous PRRA application rejected, abandoned, or withdrawn, or have had their application for leave and judicial review dismissed by the Federal Court, are not eligible to apply for a PRRA for at least 12 months. However, due to the worsening conditions in Chad, some individuals are now exempt from this 12-month bar, depending on the timing of their refugee claim decision.
Restrictions for Recent Negative Decisions:
Chad nationals who receive a final negative decision after March 29, 2023, are not eligible to apply for a PRRA for 12 months. This is because any recent changes in country conditions would have already been considered during the refugee claim or PRRA process.
No Guarantee of PRRA Outcome:
It is crucial to understand that eligibility to apply for a PRRA does not guarantee a successful outcome. IRCC officers will continue to assess each case individually, taking into account the information provided by the applicant. Applicants are responsible for keeping their PRRA application up to date and informing IRCC of any changes to their application.
Factors Considered in Exempting Countries:
IRCC evaluates recent events in a country that may place all or some of its individuals in a risk situation similar to those defined in the Immigration and Refugee Protection Act under section 96 (definition of a Convention refugee) and section 97 (definition of a person in need of protection) when determining which countries to exempt from the 12-month PRRA application bar.
These changes to the PRRA eligibility for Chad nationals reflect Canada’s commitment to ensuring the safety and protection of individuals who may be at risk upon return to their home country. It is important for Chad nationals in Canada to stay informed about these changes and seek appropriate legal counsel if they believe they may be eligible for a PRRA under these new guidelines.
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