If your PRRA is refused, your removal order becomes enforceable and the Canada Border Services Agency can move to schedule your deportation — sometimes within weeks.
At Kingwell Immigration Law, our team has over 20 years of experience challenging refused PRRA decisions through Federal Court judicial reviews, motions for a stay of removal, and humanitarian and compassionate applications, and we are ready to act quickly on your behalf.
Daniel Kingwell and our lawyers regularly represent clients before the Federal Court of Canada and immigration tribunals at every level. We have successfully overturned refused PRRA decisions, secured stays of removal for clients facing imminent deportation, and found pathways forward for people who believed their options had run out.
If your PRRA has been refused, reach out to Daniel and our team — we can help you identify what comes next and take action before the window closes.
Speak with our deportation lawyer in Canada today to discuss your options after a PRRA refusal.
A refused PRRA means that an IRCC officer has determined you would not face a risk of persecution, torture, risk to life, or cruel and unusual treatment or punishment if returned to your country of origin.
For most applicants, this is assessed under sections 96 and 97 of the Immigration and Refugee Protection Act (IRPA). Those found inadmissible on grounds such as serious criminality are restricted applicants and are assessed under section 97 only.
The refusal does not close every door — but it does trigger a timeline that demands urgent attention. Once refused, the removal order that was on hold during your PRRA application becomes enforceable. The Canada Border Services Agency (CBSA) can schedule your removal, sometimes within weeks. Daniel and our team can assess your situation immediately and advise on which options are available before time runs out.
💡 Additional reading: PRRA application
When IRCC issues a negative PRRA decision, a specific chain of events begins. Here is what to expect:
A refused PRRA does not mean you have exhausted all legal avenues. Several pathways may be available to you, depending on your situation.
You have the right to apply for a judicial review of a negative PRRA decision under section 72 of IRPA at the Federal Court of Canada. This application must be filed within 15 days of receiving the decision if you are in Canada.
The Federal Court does not rehear your case from the beginning — it reviews whether the PRRA officer made a legal error, failed to consider relevant evidence, or reached an unreasonable conclusion.
This is a highly technical process, and the strength of your application depends on identifying specific legal grounds for review. Our lawyers have successfully argued judicial reviews in Federal Court on behalf of clients whose PRRA applications were refused, and we are ready to do the same for you.
If you apply for a judicial review, you can also bring a motion asking the Federal Court to halt your removal while the review is pending. This is called a stay of removal, and it is one of the most urgent steps available to someone facing imminent deportation.
A stay is not automatic — you must satisfy the Court that your case raises a serious issue, that you would suffer irreparable harm if removed before the review is decided, and that the balance of convenience favours granting the stay.
The timelines are tight, and the legal threshold is demanding. Our team moves quickly on stay motions precisely because the margin for delay is so small.
A Humanitarian and Compassionate (H&C) application asks IRCC to grant you permanent residence or exempt you from certain requirements based on the hardship you would face if removed, your degree of establishment in Canada, and the best interests of any children involved.
An H&C application does not automatically stop a removal, but when filed alongside other legal steps, it can form part of a broader strategy to remain in Canada.
H&C applications involve a different legal test than a PRRA. They focus not just on risk, but on the full range of your personal circumstances — how long you have been in Canada, your family ties, your employment history, your children’s schooling, and the degree of hardship involved in uprooting your life.
We can assess whether an H&C application strengthens your overall position and help you build the strongest possible case.
In some cases, it may be possible to request that IRCC reconsider a PRRA decision. This is not an appeal in the traditional sense — IRCC is not required to grant reconsideration — but where there is new evidence that was not available at the time of the original assessment, or where a procedural error occurred, a reconsideration request may be worth pursuing alongside other options.
We can advise whether this is appropriate in your case and prepare the request on your behalf.
To discuss which of these options applies to your situation, book a consultation today.
Not every PRRA refusal is made correctly. Officers can and do make errors, and the Federal Court has overturned PRRA decisions on a number of grounds. The table below outlines the most common legal bases for challenge:
| Ground for challenge | What it means |
|---|---|
| Failure to consider key evidence | The officer ignored or dismissed evidence that was relevant to the risk assessment |
| Inadequate reasons | The officer’s written reasons did not adequately explain the decision |
| Improper credibility findings | The officer made unreasonable findings about whether the applicant’s account was believable |
| Failure to hold a PRRA interview | Where required, the officer failed to conduct an interview before refusing the application |
| Breach of procedural fairness | The applicant was not given a fair opportunity to respond to the officer’s concerns |
These are not abstract legal categories. They represent real errors that real officers make, and they are precisely the kinds of grounds Daniel and our lawyers look for when reviewing a refused PRRA decision. We examine the officer’s reasoning closely to identify where the decision went wrong — and how to challenge it.
💡 Additional reading: PRRA approval rate
Our firm has a record of successfully challenging PRRA decisions at the Federal Court. Two cases illustrate what this can mean in practice.
📌 In O.J. v Minister of Citizenship and Immigration (2019 FC 684), our client faced removal after IRCC refused her PRRA application. She had claimed to be at risk in Nigeria because of her LGBT identity, but the officer rejected her evidence. We appealed to the Federal Court, which overturned the decision.
The Court found that the officer had failed to consider important evidence of threats from her husband, and had also failed to hold a PRRA interview as required. Her application was returned to IRCC for review.
📌 In A.M. v Minister of Citizenship and Immigration (2019 FC 270), our client, an Iranian man, had his PRRA refused after the officer found insufficient evidence that he faced risk for attending political demonstrations. We appealed the decision to the Federal Court, which agreed that the officer had improperly rejected new evidence of ongoing danger and ordered IRCC to reconsider the application.
These outcomes were the result of careful legal analysis, detailed arguments, and persistent advocacy at the Federal Court level — the kind of work Daniel and our team do every day.
The period immediately following a PRRA refusal is when acting quickly matters most. Here is a general guide to the steps Daniel and our team take on your behalf:
There is a commonly held misconception that a refused PRRA is the end of the road — it is not. The Federal Court of Canada has the jurisdiction to review PRRA decisions, and our courts take seriously the obligation to ensure that officers apply the law correctly and consider all relevant evidence.
Canada’s immigration system also provides additional pathways — H&C applications, reconsideration requests, and in some circumstances, Temporary Resident Permits — that may be available even after a refusal.
Daniel and our team are here to help you identify which of these options applies to your situation and guide you through every step of what comes next.
A refused PRRA puts your future in Canada under immediate pressure, and the timeline to act is short.
Daniel Kingwell has over 20 years of experience representing clients at the Federal Court level and knows what it takes to build a strong case after a PRRA refusal. Whether you need a judicial review, a motion for a stay of removal, or guidance on your full range of options, our team are ready to step in quickly and fight for your right to remain in Canada.
Call us at 416.988.8853 or book a consultation to get started.
No — filing for judicial review does not automatically stop your removal. You must also bring a separate motion for a stay of removal and satisfy the Federal Court’s legal test. At Kingwell Immigration Law, we act quickly on both steps together, giving your case the strongest possible protection from the moment we are retained.
Yes. A refused PRRA does not permanently close the door to permanent residence in Canada. Pathways such as a Humanitarian and Compassionate application, family sponsorship, or other streams may still be available depending on your situation. At Kingwell Immigration Law, we assess which routes remain open and advise on the most effective way to pursue them.
Leaving Canada voluntarily after a PRRA refusal with an outstanding removal order may result in a bar on re-entry. An exclusion order typically carries a one-year bar from the date of departure. A departure order requires CBSA confirmation of your exit. At Kingwell Immigration Law, we advise clients on the full consequences of any removal order before any decision to depart is made.
New evidence will not reopen a refused PRRA application on its own. However, it can still serve an important purpose — supporting a reconsideration request, strengthening an H&C application, or underpinning a judicial review argument. At Kingwell Immigration Law, we review any new evidence you have and advise on the most effective way to deploy it across your available options.
Yes — CBSA can detain a person after a PRRA refusal if they determine there is a flight risk, a danger to the public, or that removal is imminent. Detention is not automatic, but it is a real risk. At Kingwell Immigration Law, we advise clients on how to respond to CBSA contact after a refusal in a way that protects their rights and minimizes the risk of detention.
