1) The document discusses the administration of Pre-Removal Risk Assessments (PRRA) according to Canadian immigration law and policy. It outlines that while the PRRA process aims to separate enforcement functions from protection screening, in practice the enforcement office maintains significant control and influence over various aspects of the PRRA administration in ways that may compromise impartiality. 2) Specifically, enforcement officers determine PRRA eligibility, provide notification in a "strategic" manner aimed at expediency, and have discretion over deferring removals for late applications - all of which could influence PRRA outcomes. Requests from enforcement to expedite cases are also permitted despite policy aiming to avoid direct contact and potential bias. 3) In conclusion

1. 4.1
IMMIGRATION AND REFUGEE PROTECTION ACT
SEPARATION BETWEEN ENFORCEMENT AND PRRA?
These materials were prepared by Maureen L. Kirkpatrick of Larson Boulton Sohn Stockholder,
Vancouver, B.C. for Continuing Legal Education, December 2002.
© Maureen L. Kirkpatrick

3. 4.1.1
SEPARATION BETWEEN ENFORCEMENT AND PRRA?
I. Introduction ....................................................................................................................... 1
A. Pre-Removal Risk Assessment (“PRRA”).............................................................................. 1
1. Definitions...................................................................................................................... 1
a. Immigration and Refugee Protection Act (“IRPA”).............................................. 1
b. Immigration and Refugee Protection Regulations (“IRPR”)................................. 2
B. PRRA Programme Objectives............................................................................................... 2
1. Protection....................................................................................................................... 2
2. Efficiency........................................................................................................................ 2
II. Administration of PRRA.................................................................................................... 2
A. Enforcement Office................................................................................................................ 2
1. Citizenship and Immigration Canada’s Manual on Enforcement
(“Enforcement Manual”)................................................................................................ 2
2. PRRA Manual................................................................................................................ 4
B. PRRA Unit ............................................................................................................................ 4
1. PRRA Manual................................................................................................................ 4
III. Analysis............................................................................................................................... 5
A. PRRA in Practice................................................................................................................... 5
B. Meaningful Separation between Enforcement and PRRA?................................................... 5
IV. Conclusion.......................................................................................................................... 6
I. Introduction
A. Pre-Removal Risk Assessment (“PRRA”)
1. Definitions
a. Immigration and Refugee Protection Act (“IRPA”)
Part 2, Division 3 of IRPA outlines the Pre-Removal Risk Assessment application at ss. 112 -115
inclusive.
Section 112. (1) of IRPA stipulates:
112(1) Application for protection – A person in Canada, other than a person referred
to in subsection 115(1), may, in accordance with the regulations, apply to the Minister
for protection if they are subject to a removal order that is in force or are named in a
certificate described in subsection 77(1).
Section 116 of IRPA provides as follows:
116 Regulations – The regulations may provide for any matter relating to the applica-
tion of this Division, and may include provisions respecting procedures to be followed
with respect to applications for protection and decisions made under s. 115, including
the establishment of factors to determine whether a hearing is required.

4. 4.1.2
b. Immigration and Refugee Protection Regulations (“IRPR”)
Part 8, Division 4 of IRPR at ss. 160 to 174 inclusive, and s. 346 provide for the administration of
PRRA.
Notably, however, IRPR is silent regarding the function and specific duties of the PRRA Unit and the
Enforcement Office concerning PRRA. Therefore, the function and specific duties of the PRRA Unit
and the Enforcement Office are articulated solely by Citizenship and Immigration Canada (“CIC”)
policy.
B. PRRA Programme Objectives
1. Protection
Citizenship and Immigration Canada’s Manual on PRRA (“PRRA Manual”) notes:
PRRA has the same protection objectives as the IRB process. It is based on the same
grounds and confers the same protection and status … It is also the government’s re-
sponse to Supreme Court jurisprudence, which has suggested that everyone,
including serious criminals, and persons who pose a threat to national security, are
entitled to a risk assessment.1
2. Efficiency
The PRRA Manual also notes the importance of an efficient risk assessment process:
PRRA seeks to bring more efficiency to risk assessments by merging into one process
for the majority of applicants what was done in the old process through PDRCC and
the risk element of H&C. The merger of the procedures is achieved by ensuring that
PRRA is undertaken immediately before removal. Persons remain free to make H&C
applications, but the system is designed so that most persons will only apply once, shortly
before removal. [my emphasis]2
II. Administration of PRRA
A. Enforcement Office
1. Citizenship and Immigration Canada’s
Manual on Enforcement (“Enforcement Manual”)
The Enforcement Manual stipulates that Enforcement officers determine eligibility for PRRA:
The officer responsible for removal arrangements will determine whether a person is
eligible to make an application for PRRA … If the person is not eligible for PRRA
under A112(2), the officer will prepare the case for removal. [my emphasis]3
1 Citizenship and Immigration Canada, Chapter PP 3, PRRA, 2 Program objectives, at 2, para. 2.
2 Citizenship and Immigration Canada, Chapter PP 3, PRRA, 2 Program objectives, at 2, para. 2.
3 Citizenship and Immigration Canada, Chapter ENF 10, Removals, 15 Procedure: Pre-removal risk
assessment, 15.1 When a person is considered for PRRA, at 36, para. 5.

5. 4.1.3
In assessing the timing for PRRA notification, the Enforcement Manual offers the following
guidelines:
There are several trigger points that could decide the timing of the notification for
the person to submit a PRRA application. Based on a review of the case and the
availability of travel documents, an officer should determine when it would be the
most appropriate time to strategically notify the person of the opportunity to make
an application for a PRRA. Notification can either be done by mail or in person and
is left to the discretion of the officer based on an assessment of the case.
Through experience with the embassies or missions and the knowledge of the case,
the officer should work strategically in order to reduce the processing period of PRRA and
enforce the removal order as soon as practicable. It is the Department’s goal to enforce
a removal order as soon as the negative risk decision is made. [my emphasis]4
The Enforcement Manual provides that a person be notified of PRRA by the Enforcement office:
The onus is on the removal unit to notify the person under an enforceable removal
order that a PRRA application may now be submitted … 5
At the interview, the person will be counselled on the enforceable removal order and
the fact that all recourses have been exhausted and the person is now in a removal ready
position. The officer should then evaluate with the client what other documentation
should be necessary and available if the removal order is enforced.6
If a person wishes to make a PRRA application, the Enforcement Manual instructs Enforcement
officers to do the following:
The person making the application should be instructed to mail the application to
the PRRA unit …
There may be times when a late application is received [by the PRRA unit] wherein the
officer [the Enforcement officer] conducting the removal may want to consult with the
supervisor on whether the removal should be deferred pending the decision of the PRRA
unit. The deferral will be left entirely to the discretion of the supervisor or manager
of the removal unit.
In order for the removal unit to remain at arm's length of the PRRA unit, all applica-
tions and submissions must be sent directly to the PRRA unit. [my emphasis]7
4 Citizenship and Immigration Canada, Chapter ENF 10, Removals, 15 Procedure: Pre-removal risk
assessment, 15.2 Assessing the timing for PRRA notification, at 36, para. 7, at 37, para. 1, para. 4.
5 Citizenship and Immigration Canada, Chapter ENF 10, Removals, 15 Procedure: Pre-removal risk
assessment, 15.3 How to notify a person to apply for PRRA, at 37, para. 3. See also Citizenship and
Immigration Canada, Chapter ENF 10, Removals, Appendix E - Notification of PRRA for failed refugee
protection claimants.
6 Citizenship and Immigration Canada, Chapter ENF 10, Removals, 15 Procedure: Pre-removal risk
assessment, 15.3 How to notify a person to apply for PRRA, at 37, para. 3.
7 Citizenship and Immigration Canada, Chapter ENF 10, Removals, 15.5 The application for PRRA, at 38,
paras. 6, 8-9.

6. 4.1.4
Regarding the PRRA decision, the Enforcement Manual states that all decisions, whether negative or
positive, will be sent to the respective removal unit. The removal unit will then send out a letter to
the applicant “to convoke the person to the office where the announcement of the decision will be
made during the interview.”8
2. PRRA Manual
The PRRA Manual notes that an Enforcement officer will “provide the PRRA notification to eligible
applicants. The PRRA notification includes the application.”9
The PRRA Manual indicates that a positive decision will result in the applicant either being called into
the office by an Enforcement officer, who will either hand deliver the decision to the applicant or mail
it to the applicant, depending on local office procedures.10
The PRRA Manual indicates that a negative decision results in the applicant’s file being returned to an
Enforcement officer. When the Enforcement officer has received the file, that officer will “call in the
applicant and deliver the decision to the applicant by hand. Some offices may deliver the decision by
mail.”11
At this interview, the Enforcement officer “will provide the applicant a copy of the decision, if
requested. [The Enforcement officer is also to] [a]dvise the applicant of his [her] right of appeal and
process the application toward removal.”12
B. PRRA Unit
1. PRRA Manual
The PRRA Manual notes that case inventory control will be the responsibility of the individual PRRA
offices:
The priority assigned to each case will be the responsibility of the PRRA manager or
co-ordinator. Request from Removals or CICs to expedite processing of cases should be on
a manager to manager basis or manager/co-ordinator basis. To insure the independence
of the PRRA decision-maker and avoid any apprehension of bias, there should be no direct
contact with H&C or Removal officers. [my emphasis]13
8 Citizenship and Immigration Canada, Chapter ENF 10, Removals, 15.6 PRRA Decision, at 39, para. 1. See
also Citizenship and Immigration Canada, Chapter ENF 10, Removals, Appendix G - Letter to attend and
pick up decision.
9 Citizenship and Immigration Canada, Chapter PP 3, PRRA, 17 Procedure: Stays under PRRA, at 54, para.
4.
10 Citizenship and Immigration Canada, Chapter PP 3, PRRA, 5 Departmental policy, 5.21 Positive PRRA
decisions, at 19, para. 3.
11 Citizenship and Immigration Canada, Chapter PP 3, PRRA, Procedure: Review of negative decision for
inadmissible persons, 16.1 Handling negative PRRA decisions, at 53, paras. 3-4.
12 Citizenship and Immigration Canada, Chapter PP 3, PRRA, Procedure: Review of negative decision for
inadmissible persons, 16.1 Handling negative PRRA decisions, at 53, paras. 3-4.
13 Citizenship and Immigration Canada, Chapter PP 3, PRRA, 5 Departmental policy, 5.24 Case inventory
control, at 20, para. 9.

7. 4.1.5
The PRRA Manual’s comments on case inventory control go on to note the following:
The new PRRA process is designed in consideration of an applicant being removal
ready.
The inventory of removal ready case files will require careful management to ensure
that the number of case files forwarded for risk assessments do not overwhelm the
capacity of the PRRA Unit.
This is a delicate balance and, without the assistance of all the various players, main-
taining a steady and reasonable turn around for applicants is not viable. It is unfair
to an applicant to have to wait a protracted period of time living a life of uncertainty
not knowing their fate. Working in harmony will hopefully prevent a huge and
insurmountable inventory. [my emphasis]14
III. Analysis
A. PRRA in Practice
As noted above, the administration of PRRA is split between the Enforcement Office and the PRRA
Unit.
The Enforcement Office determines a person’s eligibility for PRRA, informs of such eligibility,
provides instruction as to the PRRA process, issues the PRRA application, informs of the PRRA
decision, and takes steps to remove the person from Canada in the event of a negative decision.
The PRRA Unit receives the PRRA application, assesses the application and makes a determination.
CIC's policy manuals stress the independence of the PRRA decision maker.
B. Meaningful Separation between Enforcement and PRRA?
Although on the face of the PRRA process, it would seem that there is a separation between the
Enforcement Office and the PRRA Unit in their administration of PRRA, in the author’s opinion
there are number of areas where authority overlaps, or the Enforcement Office or removal priorities
of the PRRA design may exert some control on the overall management of PRRA.
The PRRA Manual emphasizes that “the system is designed so that most persons will only apply once,
shortly before removal.”15
In this sense, it would appear that the removal aspect of PRRA is
emphasized and the PRRA Unit is being implicitly instructed that the majority of PRRA decisions
will be negative.
The Enforcement Manual instructs Enforcement officers to “strategically” notify applicants of their
eligibility for PRRA and further instructs that “the officer should work strategically in order to reduce
the processing period of PRRA and enforce the removal order as soon as practicable.”16
In this sense,
it would appear that the Enforcement Office is also being instructed that the majority of applications
will be negatively determined. The instruction that the Enforcement officer work “strategically” to
14 Citizenship and Immigration Canada, Chapter PP 3, PRRA, 5 Departmental policy, 5.24 Case inventory
control, at 21, paras. 3-5.
15 Citizenship and Immigration Canada, Chapter PP 3, PRRA, 2 Program objectives, at 2, para. 2.
16 Citizenship and Immigration Canada, Chapter ENF 10, Removals, 15 Procedure: Pre-removal risk
assessment, 15.2 Assessing the timing for PRRA notification, at 36, para. 7, at 37, para. 1, para. 4.

8. 4.1.6
reduce the processing period of PRRA so as to quickly enforce the removal order suggests some
influence on the PRRA process.
Given the “strategic” guidance of the CIC Manuals, it would appear that the Enforcement Office
effectively controls significant aspects of PRRA, and may thereby influence the overall PRRA process.
Significantly, in instances where an applicant fails to submit the PRRA application within the specified
time-frame, the Enforcment Manual provides that “when a late application is received [by the PRRA
unit] … the officer [the Enforcement officer] conducting the removal may want to consult with the
supervisor on whether the removal should be deferred pending the decision of the PRRA unit. The
deferral will be left entirely to the discretion of the supervisor or manager of the removal unit.”17
Therefore, the Enforcement Office has the discretion to defer removal in instances when an
application has been submitted beyond the legislated deadline (and, therefore, does not have the
benefit of a legislated stay of removal). Given that this deferral decision is entirely discretionary, the
Enforcement Office’s decision whether or not to defer removal may send a message to the PRRA Unit
about the Enforcement Office’s implicit assessment of the merits of the PRRA.
The PRRA Manual provides that a “[r]equest from Removals or CICs to expedite processing of cases
should be on a manager to manager basis or manager/co-ordinator basis. To insure the independence
of the PRRA decision-maker and avoid any apprehension of bias, there should be no direct contact
with H&C or Removal officers.”18
However, despite the stipulation that there be no direct contact between PRRA officers and H&C or
Enforcement officers, the PRRA Manual nevertheless allows that an Enforcement Office or an
immigration office may request that a specific PRRA case be expedited. This interference on the part
of an Enforcement office or an immigration office may compromise the impartiality of the PRRA
officer’s decision making process and may well create a bias or an apprehension of bias.
IV. Conclusion
In summation, despite the policy initiatives designed to separate the Enforcement Office from the
PRRA Unit, it would appear that CIC policy is not entirely successful in establishing and maintaining
a meaningful separation between PRRA and regular enforcement officers.
Please note that this paper was written by Maureen Kirkpatrick and does not necessarily express the
views of the other PRRA v. PDRCC panel members for the CLE course on December 06, 2002.
17 Citizenship and Immigration Canada, Chapter ENF 10, Removals, 15.5 The application for PRRA, at 38,
paras. 6, 8-9.
18 Citizenship and Immigration Canada, Chapter PP 3, PRRA, 5 Departmental policy, 5.24 Case inventory
control, at 20, para. 9.