Canada Opens PRRA Access for Certain Israel and Palestine Negative Decisions

Certain nationals and former residents of Israel and Palestine may now qualify for earlier access to Canada’s pre-removal risk assessment process after receiving a negative refugee protection decision.

Immigration, Refugees and Citizenship Canada announced on September 29, 2026 that affected individuals may be exempt from the normal 12-month PRRA waiting period if they received a qualifying final negative decision between September 28, 2025, and September 29, 2026. The exemption reflects changes in country conditions, but it does not automatically approve a PRRA or guarantee that a person can remain in Canada. Each case continues to be assessed individually.

What is a PRRA and who may qualify under the new exemption?

PRRA stands for Pre-Removal Risk Assessment. It is a protection process available to certain people who are facing removal from Canada. Before removal takes place, a PRRA allows an eligible person to explain why returning to the country of removal could expose them to serious danger.

IRCC assesses whether the person could face:

• persecution based on factors such as race, religion, nationality, political opinion or membership in a particular social group
• danger of torture
• a risk to their life
• cruel and unusual treatment or punishment

A PRRA is therefore not another general immigration application. Its purpose is specifically to determine whether Canada can remove a person without exposing that individual to risks protected under Canadian refugee law.

Normally, a person must wait 12 months after their latest negative refugee protection decision before they may become eligible for a PRRA. The new exemption may apply to nationals and former residents of Israel and Palestine who received, between September 28, 2025, and September 29, 2026, a final negative decision involving:

• an asylum or refugee claim decided by the Immigration and Refugee Board of Canada
• a previous PRRA application
• a Federal Court decision related to their refugee claim or PRRA case

Even when the exemption applies, a person cannot simply file a PRRA independently. When the Canada Border Services Agency begins the removal process, a CBSA officer determines whether the individual is eligible. The person may apply only after CBSA provides a Notification Regarding a Pre-Removal Risk Assessment.

People receiving a final negative decision after September 29, 2026 remain subject to the normal 12-month waiting period, because IRCC states that current country conditions would already have been considered in those newer decisions.

What do national, former resident, refugee and Federal Court decision mean?

A national generally refers to a person who has the nationality of a particular state, commonly through citizenship. “Former resident” requires a more careful legal analysis. Canadian refugee law refers to the country of nationality and, where a person does not have a country of nationality, the person’s country of former habitual residence. This concept can be particularly important for stateless people. Simply having temporarily lived in a territory in the past should not automatically be treated as establishing former habitual residence.

A refugee also has a specific legal meaning. A Convention refugee generally has a well-founded fear of persecution because of race, religion, nationality, political opinion or membership in a particular social group. Canadian law also recognizes persons in need of protection who may personally face torture, a risk to life, or cruel and unusual treatment or punishment.

A Federal Court decision related to the case generally refers to judicial review of a refugee or PRRA decision. Judicial review is not a completely new refugee hearing. Instead, the Federal Court reviews whether the administrative decision was made lawfully and fairly and whether it meets the applicable legal standard.

For example, a person whose refugee claim was refused may apply to the Federal Court for leave and judicial review. If the Court refuses the application or the proceeding otherwise ends with a qualifying negative result, that Federal Court outcome can affect when the 12-month PRRA waiting period begins. IRCC specifically includes relevant Federal Court decisions within the September 2026 exemption.

Hypothetical example: how the new PRRA rule could work

Consider a hypothetical applicant who is a national or qualifying former resident covered by the new measure. The person’s refugee claim was refused by the Immigration and Refugee Board on February 15, 2026. Under the usual rule, the individual could generally be prevented from applying for a PRRA for 12 months after the negative decision.

However, February 15, 2026 falls between September 28, 2025, and September 29, 2026. If the individual falls within the group covered by IRCC’s exemption and later becomes subject to the removal process, CBSA may determine that the person is eligible to apply for a PRRA without waiting for the normal 12-month period to expire.

Suppose conditions affecting the person’s safety have also changed since the refugee claim was refused. The applicant could provide relevant new evidence explaining the personal risk they would face if removed. Where a refugee claim or previous PRRA has already been refused, IRCC generally restricts the applicant to new evidence arising after the refusal or evidence that was not reasonably available or could not reasonably have been presented earlier.

The example does not mean the individual will automatically receive protection. CBSA must first confirm PRRA eligibility, and IRCC will then assess the evidence and personal circumstances. If the PRRA is accepted, most applicants become protected persons and may subsequently apply for permanent residence. Different consequences can apply to people affected by serious inadmissibility provisions.

For affected individuals, the practical challenge is often timing. A removal process can move forward while an individual must identify the applicable exemption, gather updated country-condition evidence and explain how those conditions create a personal risk. Reviewing the exact negative decision date, previous refugee findings, nationality or former habitual residence, new evidence and any inadmissibility issues can therefore be critical. An immigration consultant can assist with eligibility assessment, PRRA preparation, supporting evidence, immigration advice and authorized representation.