PRRA vs H&C: Two Different Applications Explained
Updated: 3 days ago
The short answer: A pre-removal risk assessment (PRRA) and an H&C application are different processes with different tests. IRCC says most PRRAs are decided on the same protection grounds used for refugee claims, sections 96 and 97 of IRPA, such as risk of persecution, torture or risk to life. H&C is a request under section 25 to be exempted from usual rules for humanitarian reasons. For an in-Canada H&C request, section 25(1.3) says the officer must not consider those risk factors but must consider hardship. You do not choose between them freely: eligibility, waiting periods and timing differ, so speak to a lawyer or RCIC quickly if you face removal.
This article is part of our humanitarian and compassionate (H&C) application guide.
What does a PRRA assess?
IRCC's policy page says the PRRA looks at risk if you are removed, based on Canada's obligations under the Refugee Convention and the Convention Against Torture. For someone whose claim was previously rejected, IRCC says it is not an appeal and is limited to new evidence that arose after the rejection or was not reasonably available then. If approved, a PRRA generally gives the same refugee protection as an IRB-approved claim, though IRCC notes some cases are considered on more limited grounds.
What does H&C assess?
Under IRPA section 25(1), the Minister may grant permanent residence or an exemption if justified by humanitarian and compassionate considerations, taking into account the best interests of a directly affected child. IRCC's guide lists factors such as establishment, ties to Canada, health, family violence, separation from relatives and country conditions, and requires sufficient and compelling reasons. See the complete H&C guide.
How do the tests differ?
PRRA
Legal basis: IRPA s. 112 and following.
Focus: risk if removed (ss. 96 and 97 grounds).
If successful: protection, as described by IRCC.
H&C
Legal basis: IRPA s. 25(1).
Focus: humanitarian and compassionate reasons, hardship, best interests of a child.
If successful: permanent residence or an exemption, at the Minister's discretion.
Section 25(1.3) of IRPA says that in an in-Canada H&C request, the Minister may not consider the factors for refugee status (s. 96) or need of protection (s. 97(1)), but must consider hardship. Evidence about danger therefore belongs in a protection process, while hardship evidence fits H&C. How they overlap on a specific file is a legal question for a lawyer or RCIC. See hardship and country conditions.
Who can apply for a PRRA?
IRCC says you can only apply for a PRRA if a CBSA officer tells you that you are eligible. Eligibility is checked when removal begins. You cannot apply if, for example, your refugee claim was ineligible because of the Safe Third Country Agreement, you are a protected person, or you are subject to extradition. In most cases you must wait 12 months after the last negative decision, with possible exemptions depending on country conditions. We have not verified how this applies to any specific person, so confirm with IRCC or a representative.
How do the two interact?
Under section 25(1.2), IRCC may not examine an H&C request while a claim found ineligible is pending as a PRRA, or if a refugee claim is pending before the RPD or RAD.
The same section sets a 12-month rule after a relevant refugee decision, with exceptions in 25(1.21) for risk to life linked to health care and for the best interests of an affected child.
Only one H&C application can be under consideration at a time.
The H&C 12-month rule and the PRRA 12-month wait are separate rules and may run from different decisions. See H&C vs refugee claim and H&C after a refugee claim is refused.
Does either stop removal?
IRCC's H&C guide says applying will not delay your removal. The IRCC PRRA pages we reviewed do not say whether a PRRA stops removal, so we do not make a statement about that here. If you have a removal order or date, speak to a lawyer or other qualified representative right away. See H&C with a removal order.
Next steps
Choosing between processes depends on the facts and the dates. E-Pathway Immigration can help you assess whether H&C considerations may be relevant, identify the evidence and questions that need attention, and understand your options. A decision remains with IRCC.
Related guides: H&C complete guide · H&C vs refugee claim · H&C with a removal order · H&C glossary · Who can apply for H&C · H&C guide index · Bill C-12 ineligible claims and H&C
Last reviewed: October 2026
This article provides general information only and is not legal advice. Immigration options and outcomes depend on individual circumstances. Consult a qualified representative for advice about your situation.
About the author
Domonic Cheung is a Regulated Canadian Immigration Consultant (RCIC), licence R711344, with E-Pathway Immigration in Vancouver, BC. You can verify his licence on the College of Immigration and Citizenship Consultants (CICC) public register.
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