Canada H&C and PRRA Guide: Eligibility, Process & Rights

Updated November 6, 2026 to reflect the 2026 changes to Canada's asylum rules.

Facing a removal order, a refused refugee claim, or the fear of being sent back is one of the most stressful situations a person can be in. This guide explains, in plain language, two options that are often confused: the Humanitarian and Compassionate (H&C) application and the Pre-Removal Risk Assessment (PRRA), and how the 2026 asylum changes fit in.

What changed in 2026

On March 26, 2026, the Strengthening Canada's Immigration System and Borders Act became law. Under section 101(1) of the Immigration and Refugee Protection Act (IRPA), a refugee claim is now ineligible to be referred to the Refugee Protection Division if the person entered Canada after June 24, 2020 and made the claim more than one year after entry, or if the person entered between ports of entry along the Canada–US land border and made the claim after 14 days. Regulations that took effect on November 3, 2026 also changed how claims are made and processed. IRCC says the new eligibility rules apply to claims made on or after June 3, 2025, and that most affected people still have access to a PRRA. See our page on refugee and asylum claims: what changed in 2026.

1. What is a Humanitarian and Compassionate (H&C) application?

An H&C request under section 25 of the IRPA asks the Minister to grant permanent residence from inside Canada, or to waive some requirements, because of compelling personal circumstances. Factors often include how established the person is in Canada, the best interests of any child directly affected, the hardship of removal, medical and psychological vulnerabilities, and family violence or lack of support.

An H&C application does not automatically stop removal. Under section 233 of the Immigration and Refugee Protection Regulations (IRPR), a removal order is stayed only if the Minister is of the opinion that a stay is justified by humanitarian and compassionate considerations. Otherwise, removal can go ahead while an application is pending, unless a court orders otherwise or CBSA agrees to defer.

2. Who cannot apply for H&C

Under section 25(1.2) of the IRPA, the Minister may not examine an H&C request if:

• the person already has an H&C request pending;
• the person has a refugee claim pending before the Refugee Protection Division or the Refugee Appeal Division;
• the person's refugee claim was found ineligible to be referred and a PRRA application is pending; or
• less than 12 months have passed since the claim was rejected, or withdrawn after substantive evidence was heard, or abandoned, with the 12 months counted from the last of the relevant decisions by the Refugee Protection Division, the Refugee Appeal Division or the Federal Court.

The 12-month rule does not apply in two situations under section 25(1.21): where removal would put the person's life at risk because their countries of nationality cannot provide adequate health or medical care, or where removal would adversely affect the best interests of a child directly affected.

3. What the H&C process involves

• Documents. Work and school records, medical or psychological reports, children's records, letters from the community and proof of hardship.
• Submissions. A written explanation of your background, your establishment in Canada, the interests of any children and the risk or hardship of return.
• Fees and filing. The application and fees are submitted to IRCC.
• Processing. Processing times vary and can be long. Check IRCC's current processing times, and do not assume removal will wait.

4. After a refused refugee claim

If the Refugee Protection Division rejects a claim, the person may have the right to appeal to the Refugee Appeal Division, and later to apply to the Federal Court for leave to apply for judicial review. Under section 72(2)(b) of the IRPA, an application for leave must be filed within 15 days for a matter arising in Canada, or within 60 days for a matter arising outside Canada, after the applicant is notified. A judge can allow more time only for special reasons. Section 231 of the IRPR can stay a removal order while a leave application against a Refugee Appeal Division decision is pending, with exceptions, such as serious criminality and designated foreign nationals.

5. What is a Pre-Removal Risk Assessment (PRRA)?

A PRRA is a risk assessment before removal. Under section 112 of the IRPA, a person in Canada who is subject to a removal order that is in force may apply to the Minister for protection. The assessment looks at risks of persecution, danger of torture, risk to life and the risk of cruel and unusual treatment or punishment. It generally focuses on new evidence or changed circumstances that were not considered before.

6. Who cannot apply for a PRRA

Section 112(2) of the IRPA says a person may not apply if:

• they are subject to an extradition authority to proceed;
• their refugee claim was found ineligible under paragraph 101(1)(e), which covers claimants who came from a designated country such as under the Safe Third Country Agreement;
• less than 12 months have passed since their refugee claim was rejected, or determined to be withdrawn or abandoned, and since the last appeal or Federal Court decision (36 months for nationals of designated countries of origin), unless the Minister has granted an exemption; or
• less than 12 months (or 36 months for nationals of designated countries of origin) have passed since a previous PRRA application was rejected, withdrawn or abandoned.

7. The PRRA notice and the stay of removal

A person can apply for a PRRA after the Department gives them notification (IRPR s. 160), which must be given before removal if a removal order is in force. If the application is received within 15 days after notification, it is not decided until at least 30 days after notification, and the removal order is stayed under section 232 until the earliest of the events listed there, such as rejection of the application (IRPR s. 162). An application made after the 15-day period does not result in a stay (IRPR s. 163). Because of these short deadlines, a PRRA notice should be treated as urgent. A PRRA refusal can be challenged by applying to the Federal Court within 15 days under the rule noted above.

8. How the 2026 changes affect these options

If a claim is found ineligible under the new one-year or 14-day rules, the claim is not referred to the Immigration and Refugee Board. The government says that in most cases the person still has access to a PRRA. Section 25(1.2)(b.1) of the IRPA also addresses what happens to an H&C request when a claim was ineligible and a PRRA application is pending. Whether a person can apply for H&C or PRRA, and when, depends on dates, how the claim ended and whether a removal order is in force, so each case needs careful review.

When to speak to a lawyer

• You received a PRRA notification or a removal date.
• Your refugee claim was refused, found ineligible, withdrawn or abandoned.
• You want to apply for H&C and are unsure about the 12-month rule or the exceptions.
• You need help with a deferral request or a stay motion.
• Children or serious medical issues are involved.

We advise on refugee, PRRA and humanitarian matters from our Mississauga office, in English, Urdu, Hindi and Punjabi. We cannot promise any result, because the decision belongs to the immigration authorities and the courts. See our immigration law page or call (289) 652-0529.

DISCLAIMER: This article is general information about Canadian immigration law, not legal advice, and no lawyer-client relationship is created by reading it. Immigration rules change often, and every case depends on its facts and dates. Speak with a lawyer about your situation.