If your pre-removal risk assessment (PRRA) is refused in Canada, you generally have 15 days to file and serve an application for leave and judicial review in the Federal Court. Filing that application does not, by itself, stop your removal. The stay of removal that protected you while the PRRA was pending ends when the application is rejected, and no general automatic stay replaces it. If removal is a real prospect, you need a separate remedy: a deferral request to the Canada Border Services Agency (CBSA), a stay motion in the Federal Court, or both, running at the same time as the judicial review.
This article draws on the PRRA paper and slides of refugee counsel Arghavan Gerami and the Bill C-12 slides of Maureen Silcoff, presented at the October 2026 CILA immigration law conference, checked against the current text of the Immigration and Refugee Protection Act (IRPA) and the Immigration and Refugee Protection Regulations (IRPR).
Key Takeaways
- The PRRA stay under IRPR s. 232 ends when the application is rejected (s. 232(c)). From that point the removal order can be enforced.
- The automatic stay in IRPR s. 231 applies to judicial review of certain Refugee Appeal Division decisions. It does not cover judicial review of a negative PRRA.
- The Federal Court application must be filed and served within 15 days after you are notified of, or otherwise become aware of, the decision (IRPA s. 72(2)(b)).
- The judicial review and the removal response are two separate tracks. Both may need to move in the same week.
- The evidence and the procedural record you built during the PRRA are what a Federal Court judge will look at, both on the judicial review and on any stay motion.
Why the PRRA protected you, and why that protection ends
When the CBSA notifies you that you may apply for a PRRA, IRPR s. 232 stays the removal order. That stay lasts until the earliest of several events. One of them, in s. 232(c), is that the application for protection is rejected.
Once the stay ends, the removal order is no longer stayed. Under IRPA s. 48, an enforceable removal order requires the person to leave Canada immediately and must be enforced as soon as possible. IRCC’s own PRRA decision page puts it plainly: if your PRRA is rejected, you must still leave Canada unless the Federal Court grants a stay of removal.
The speaker’s point: treat removal as a separate, urgent problem from the day of refusal.
Why filing for judicial review does not stop removal
IRPR s. 231(1) creates an automatic stay of removal, but only where a person applies for leave and judicial review of a decision of the Refugee Appeal Division (RAD) that rejects, or confirms the rejection of, a refugee claim. Even that stay has exceptions, for example for serious criminality and where the person applies for an extension of time. A PRRA is decided by an IRCC officer, not by the RAD, so s. 231 does not apply to it.
There is also no appeal from a PRRA refusal and, as Silcoff’s slides noted, no formal process to reopen or reinstate a refused PRRA. Judicial review is the route to challenge the decision, and a stay has to be obtained separately.
How the 15 days are counted
IRPA s. 72(2)(b) requires that, for a matter arising in Canada, the application be filed in the Federal Court Registry and served on the other party within 15 days after the day you are notified of, or otherwise become aware of, the decision. Two practical points follow:
- Filing and service are both required within the period. Leaving service to the last day is a risk.
- An extension is possible but not something to plan on. Under s. 72(2)(c), a judge may allow more time “for special reasons”. Acceptance is uncertain, and asking for more time does not protect you from removal.
The 15-day period runs on its own. Asking CBSA to defer removal does not pause it, and waiting for a deferral answer before filing can cost you the judicial review.
The first days after a refusal: what to check
The CILA materials set out an immediate triage. In plain terms:
- The reasons. What did the officer actually find? Was evidence called “insufficient” when the real issue was belief? Was a hearing request ignored?
- Your removal status and date. Has CBSA called you in, set a date, or asked you to report? This decides how fast the stay or deferral work must move.
- The 15-day deadline. Count it from the day you received the decision.
- The record. Under IRPR s. 174, you are entitled on request to a copy of the file notes that record the justification for the decision. Ask for them early.
- Whether you need parallel relief. If removal could happen before the Federal Court decides leave, a stay or deferral is needed now, not later.
Two tracks at once: the judicial review and the removal response
Track 1: the judicial review
On review, the Court asks whether the decision was reasonable and whether the process was fair. The speaker’s slides cited Canada (Minister of Citizenship and Immigration) v Vavilov, 2019 SCC 65, for the reasonableness standard. Issues that may arise from a PRRA refusal include credibility findings made without a hearing, findings on country evidence, state protection or internal flight, failure to engage with central evidence, and procedural issues such as refusing a hearing, ignoring a specific request, or relying on evidence you never had a chance to answer.
If the officer refused your PRRA on paper while doubting your account, our article on the PRRA oral hearing test under IRPR s. 167 explains why that can matter.
Track 2: the removal response
At a high level, two tools are available, and they are not mutually exclusive:
- A deferral request to CBSA. An enforcement officer has limited discretion to defer a scheduled removal. Our article on the scope of a CBSA deferral of removal explains the grounds and how a refusal can itself be challenged.
- A motion for a stay of removal in the Federal Court. The motion is brought within the judicial review (or a related application) and is decided on a three-part test: a serious issue, irreparable harm, and the balance of convenience. Our guide to the Federal Court stay of removal test covers that test in detail.
Why the PRRA record decides both tracks
The speaker summarized it this way: the record you need in Federal Court is the record you build during the PRRA. The protection evidence you filed (your declaration, corroboration, country evidence) may support irreparable harm on a stay motion. The procedural record (your written hearing request, disclosure requests, what the officer did with them) may supply the serious issue. A judicial review is ordinarily decided on the record that was before the officer, so gaps are hard to fill after the refusal.
If your refugee claim was found ineligible under Bill C-12
Where a claim was found ineligible for referral under the Bill C-12 amendments, the person may end up with two Federal Court applications: one against the ineligibility finding and one against the negative PRRA. The CILA materials made three points:
- A pending challenge to the ineligibility finding does not, by itself, stop the PRRA process, and the PRRA will ordinarily need to proceed.
- In Silcoff’s view, not filing a judicial review of the ineligibility decision may narrow the scope of a later stay motion and may limit your ability to benefit from the outcome of the C-12 constitutional litigation.
- Gerami’s slides noted the possibility of seeking to join the two judicial reviews. Whether that is available depends on the case and the Court’s directions.
For the earlier stage, see our article on writing PRRA submissions after a C-12 ineligibility finding.
Frequently Asked Questions
My PRRA was refused. How long do I have to go to the Federal Court?
For a decision made in Canada, the application for leave and judicial review must be filed and served within 15 days after you are notified of, or otherwise become aware of, the decision (IRPA s. 72(2)(b)). A judge can extend the time for special reasons, but that is not guaranteed.
If I file for judicial review, can CBSA still remove me?
Yes. The PRRA stay ends when the application is rejected (IRPR s. 232(c)), and the automatic stay in IRPR s. 231 applies only to judicial review of certain RAD decisions. To stop removal you need a deferral from CBSA or a stay order from the Federal Court.
Should I ask CBSA for a deferral or go to the Federal Court for a stay?
Often both are considered. They are different tools with different tests, and a deferral request does not extend the 15-day judicial review deadline. The right sequence depends on your removal date and the grounds available.
Can I ask IRCC to reopen my refused PRRA?
There is no formal process to reopen or reinstate a refused PRRA. The decision is challenged by judicial review in the Federal Court.
What should I bring to a lawyer after a PRRA refusal?
The decision and reasons, the date and manner you received it, any CBSA notice or reporting instruction, your full PRRA submissions and evidence, and any request you made for a hearing or disclosure. If you have not yet requested the officer’s file notes, a lawyer can help you do so.
If your PRRA has just been refused, contact us as soon as possible. The deadlines in these cases are counted in days.
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Disclaimer: This article is for general information only and is not legal advice. Immigration law and IRCC/ESDC policy change frequently, and every case turns on its own facts. Reading this article does not create a lawyer–client relationship. Obtain advice tailored to your situation before you act.
Talk to a Canadian immigration lawyer. BridgePoint Law advises individuals and businesses across Canada — and on Canada–US–China cross-border matters — on pre-removal risk assessments, Federal Court judicial review and stays of removal. Book a consultation with our team in Toronto and Kingston. We work in English, Mandarin, and Cantonese.