ARCHIVED – Notice – Notice of Regulatory Changes to Applications for Permanent Resident Status and Changes on Accessing a Pre-Removal Risk Assessment

August 15, 2012 — Regulatory amendments to the Immigration and Refugee Protection Regulations related to applying for permanent resident status following a positive decision on a refugee claim and accessing a pre-removal risk assessment (PRRA) came into effect today.

The regulatory changes make it easier for refugees to become permanent residents. The requirement for people to apply for permanent resident status within 180 days of receiving their protected person status has been removed.

In addition, a one-year bar on applying for a PRRA came into effect at Royal Assent of the Protecting Canada’s Immigration System Act (June 28, 2012). This means that individuals cannot apply for a PRRA for one year following a final decision by the Immigration and Refugee Board of Canada (IRB) on an asylum claim or following a PRRA decision. A final decision on a refugee claim or PRRA assessment includes rejected, abandoned and withdrawn applications.

For failed refugee claimants from a designated country of origin, the bar on accessing a PRRA will be extended to three years. This change will start when the new asylum system comes into effect later this year.

The bars on accessing a PRRA are designed to streamline the asylum system, eliminate duplication and enable faster removal of failed refugee claimants.

To address the possibility that conditions in a person’s home country change, which could result in people being returned to a situation of risk within this one-year period, the Minister of Citizenship, Immigration and Multiculturalism has the authority to exempt all or some nationals from that country from the one-year bar on access to a PRRA.

The Regulations specify criteria which should be considered when determining whether or not an exemption should be granted. This exemption provides a safety net for failed refugee claimants who may face new risks in their home countries as a result of recently changed country conditions following a final decision by the IRB or a PRRA decision.

To read more about the changes, visit the Canada Gazette website.

To read more about who might qualify for an exemption, please see:  Notice—Exemptions to the Bars on Applying for a Pre-Removal Risk Assessment.

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