When a refugee claim is rejected and transferred to the PRRA program (Pre-Removal Risk Assessment), you still have the option to file a parallel appeal to federal court to challenge the decision to transfer itself. This gives you a chance to return to the tribunal instead of continuing review by an immigration officer.

What Happens When Your Case Is Transferred to PRRA

When a refugee claim is transferred to the PRRA stream, it does not mean rejection in the classical sense. The program applies the same principles and documents that the refugee tribunal relies on. However, instead of an independent tribunal, an immigration officer processes the case.

Following Bill C-12’s passage, many claims previously filed with the refugee tribunal are now being transferred to this stream. This situation is new and not well-known, but claimants do have options for how to respond.

Parallel Appeal to Federal Court

The main way to protect your rights is to file an appeal to federal court in parallel with PRRA review. In your appeal, you argue that Bill C-12 is unconstitutional and violates your rights under the Canadian Charter of Rights and Freedoms.

In the appeal, you ask the court to have your case heard by the refugee tribunal instead of an immigration officer under the PRRA program. Both processes move forward at the same time: your case proceeds through PRRA, but the court reviews the constitutional question in parallel.

Why You Need a Court Appeal

If federal court rules in your favor, the judge will find that the law indeed violates your rights and send your case back to the refugee tribunal. This fundamentally changes the outcome.

Those who do not file a parallel appeal to federal court must proceed entirely through PRRA without the option to return to the tribunal, even if the program makes an unfavorable decision for them.

The Importance of Having a Lawyer

Your representative must be a lawyer, not a consultant or immigration agent. Consultants and agents are not permitted to represent you in federal court, so they cannot file an appeal. A lawyer can simultaneously conduct your case in PRRA and defend you in court.

Lawyers handling such cases work exactly this way: they file appeals to court in parallel to preserve the tribunal option for their client.

If You Lose in PRRA

The decision in PRRA is considered final, but it can also be appealed to federal court. After a PRRA refusal, this is your final step.

The judge will either dismiss your appeal and say there are no problems with the decision, or agree with your appeal. In the second case, you do not receive permanent resident status, but the judge sends your application for reconsideration under the same PRRA program, but assigned to a different officer.

When It’s Most Critical to Act

The moment your claim is transferred to PRRA is critical. At this point, you have more options than you would after a potential PRRA refusal. If you are transferred to PRRA, you need to contact a lawyer immediately so that all possible options are considered and pursued at an early stage.