New IRCC Policy: Implied Consent for PRRA Remote Virtual Hearings
On April 29, 2025, Immigration, Refugees and Citizenship Canada (IRCC) introduced a new policy implementing implied consent for remote virtual hearings in the Pre-Removal Risk Assessment (PRRA) process, as announced in a program delivery update. This change aims to streamline assessments for individuals facing removal from Canada while ensuring fairness and accessibility.
What is the PRRA and Remote Hearing Process?
The PRRA evaluates risks of persecution, torture, or cruel treatment for individuals under removal orders before they are deported. While most PRRA decisions are paper-based, oral hearings are required in specific cases, such as credibility concerns or mandatory hearings for those ineligible for refugee claims due to prior claims in countries with information-sharing agreements (e.g., the U.S., UK). Since 2023, all PRRA hearings have been conducted remotely via Microsoft Teams, allowing applicants to participate from private locations using personal devices or IRCC office computers for those lacking access.
The New Implied Consent Policy
The April 29, 2025, policy introduces implied consent for remote virtual hearings, meaning applicants are presumed to agree to this format unless they explicitly request an accommodation, such as an on-site virtual hearing at an IRCC office or, in rare cases, an in-person hearing for fairness or vulnerability reasons (e.g., unaccompanied minors, technical barriers). Applicants receive a “notification of hearing” letter detailing the process, including instructions for requesting interpreters or observers (e.g., family members), who must be approved by IRCC. The policy emphasizes accessibility, requiring officers to verify audio-visual functionality and address technical issues promptly during hearings.
Implications for Applicants
The policy enhances efficiency by reducing logistical barriers, as applicants no longer need to travel to IRCC offices. However, it places responsibility on applicants to ensure reliable internet and devices or request accommodations early. The implied consent model may streamline scheduling but could disadvantage vulnerable individuals unaware of their right to request alternatives. Approved PRRA applicants typically gain protected person status and can apply for permanent residence, while rejected applicants must leave Canada, with the option for Federal Court judicial review.
Navigating the Change
Applicants should:
Review Notifications: Carefully read the “notification of hearing” letter and submit accommodation requests (e.g., for interpreters or on-site hearings) promptly via the provided forms.
Prepare Technically: Ensure access to a compatible device and stable internet, or contact IRCC for on-site options. Test Microsoft Teams in advance.
Seek Legal Support: Engage a lawyer or representative to navigate the hearing and ensure evidence (e.g., new risks post-refugee claim rejection) is compelling. Legal Aid Ontario offers support for low-income applicants.
Document Concerns: Note any technical or procedural issues during the hearing for potential use in judicial review if the application is rejected.
