IRPA 113 a evidence

• By: Swati Raj
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Why Your PRRA Was Refused & How to Stop CBSA Removal (2026)

Receiving a negative decision on a Pre-Removal Risk Assessment (PRRA) is one of the most frightening moments in the Canadian immigration process. For many individuals, a PRRA represents the final administrative review standing between them and forced deportation to a country where they fear persecution, torture, or threats to their life. When Immigration, Refugees and Citizenship Canada (IRCC) refuses a PRRA application, the temporary stay of removal that protected you during the review is automatically lifted. The Canada Border Services Agency (CBSA) moves quickly to enforce removal orders, often scheduling departure dates within days or weeks. However, a negative PRRA decision is not always the end of the line. The law provides specific judicial remedies and procedural checks to challenge unreasonable decisions and prevent immediate deportation. This guide explains why PRRA applications get refused by IRCC, how CBSA removal enforcement operates once a refusal is issued, and the exact legal steps required to stop removal and challenge the decision in Federal Court. Direct Overview: The PRRA Refusal and Removal Landscape When an IRCC Protection Officer rejects your PRRA, control of your file shifts immediately back to CBSA Removal Officers. Understanding the immediate legal shifts and administrative mechanics of this transition is essential for taking effective action. Core Legal Framework Summary Factor Statutory PRRA Stage Post-PRRA Refusal Stage Legal Status Statutory Stay of Removal active Removal Order enforceable; departure pending Primary Decision Authority IRCC Senior Immigration Officer CBSA Inland Enforcement Officer Review Standard Administrative assessment of risk Federal Court judicial review (reasonableness) Primary Protection Remedy Written paper submission under IRPA s. 112 Federal Court Application + Emergency Motion for Stay Time Limit to File Court Challenge N/A (Admin submission window) 15 Days from receipt of refusal decision The Primary Reasons IRCC Refuses PRRA Applications IRCC Protection Officers do not assess PRRA files using the exact same framework as the Refugee Protection Division (RPD) of the Immigration and Refugee Board (IRB). Instead, they operate under strict statutory constraints governed by Section 113 of the Immigration and Refugee Protection Act (IRPA). Understanding the specific ground on which your PRRA was refused is the first step in building a strong challenge. 1. Rejection of Evidence Under IRPA Section 113(a) For applicants who previously had a refugee claim heard and rejected by the IRB, Section 113(a) of the IRPA imposes a strict legal hurdle: a PRRA officer can only consider new evidence. Under the law, “new evidence” must meet at least one of these criteria: If an applicant submits medical notes, police reports, or affidavits that pre-date their RPD hearing without providing a compelling legal explanation for why those documents were unavailable, the PRRA officer will exclude them entirely. In many cases, officers refuse files simply because the evidence submitted was ruled inadmissible under IRPA 113(a). 2. Finding of an Internal Flight Alternative (IFA) Even if an officer accepts that you face significant danger in your home town or region, they may refuse your PRRA if they conclude you have a viable Internal Flight Alternative (IFA). An IFA means that there is at least one region within your home country where: Officers frequently point to large urban centers (such as major capital cities) as safe IFAs. If your PRRA submission failed to provide specific evidence showing why the danger follows you nationwide or why relocating to another city is objectively unreasonable, the officer will cite IFA as the main ground for refusal. 3. Failure to Establish a Personalized Risk A fundamental principle of Canadian refugee and protection law is that fear must be personalized. Applicants often submit extensive media reports, Human Rights Watch publications, and international news articles highlighting conflict, corruption, or human rights violations in their home country. While background context is helpful, country condition documents alone do not establish a personal risk. If the officer finds that the danger described applies equally to all citizens or residents of that country (generalized risk) rather than targeting you individually due to your political belief, religion, gender, ethnicity, or specific personal profile, the application will be refused under IRPA Section 97. 4. Alleged Availability of State Protection Under international and Canadian law, states are presumed capable of protecting their citizens unless clear and convincing evidence proves otherwise. If your PRRA claim is based on threats from private actors such as criminal gangs, abusive family members, business competitors, or local militias the PRRA officer will assess whether local authorities (police, courts, state agencies) can provide adequate protection. Refusals on state protection grounds occur when the officer concludes that you did not exhaust all reasonable avenues to seek police assistance in your home country, or failed to present convincing evidence that state protection is systematically ineffective in your specific case. 5. Changed Country Circumstances If several years have passed between your initial refugee claim and your PRRA submission, the officer will examine whether political, legal, or security conditions in your country have changed. If a hostile regime has been removed, a civil conflict has subsided, or legal protections have been introduced, the officer may determine that your historical fear is no longer valid. How CBSA Enforces Removal Orders After a Refusal The moment a PRRA is refused, your file transitions automatically from IRCC’s processing network to CBSA’s Enforcement Branch. CBSA officers operate under a statutory mandate under IRPA Section 48, which states that an enforceable removal order must be executed as soon as reasonably practicable. The CBSA Removal Process Explained Step-by-Step Guide: How to Stop a CBSA Removal Stopping a scheduled deportation after a negative PRRA decision requires swift action. Because administrative avenues inside IRCC are exhausted once the PRRA is refused, the primary mechanism to stop removal is seeking intervention from the Federal Court of Canada. Step 1: Request an Administrative Deferral of Removal from CBSA Before filing an emergency motion in Federal Court, your legal counsel must submit a formal written request to the CBSA Enforcement Officer asking them to exercise their administrative discretion to defer your removal. A CBSA officer’s discretion to defer removal