Published
Prabhpreet Kaur Sangha is a lawyer at Lawgical Law Corporation, called to the BC bar in 2019, and a member of the Law Society of British Columbia.
Updated November 13, 2026: IRPA s. 115 and IRCC’s section A115 instructions checked that day.
The rule: a refugee or protected person can’t be sent back to persecution or torture (s. 115(1)), unless the Minister’s delegate gives a “danger opinion” (s. 115(2)).
Who it applies to: people inadmissible for serious criminality who are found a danger to the public, or for security, human rights violations or organized crime.
The balance: danger to Canada is weighed against the risk you’d face and humanitarian factors. Why a lawyer
Our immigration lawyers
Sundeep S. GrewalBarrister and Solicitor
Prabhpreet Kaur SanghaBarrister and Solicitor
Pardeep S. GrewalBarrister and SolicitorAbout our lawyers
Sundeep S. Grewal founded Lawgical Law Corporation and argues immigration cases at the Immigration and Refugee Board and the Federal Court of Canada.
Prabhpreet Kaur Sangha focuses on refugee claims, immigration appeals, inadmissibility, detention reviews and Federal Court cases, and has presented at Continuing Legal Education seminars and the National Immigration Conference.
Pardeep S. Grewal is an immigration and estates lawyer known for clear communication and practical strategy.
A danger opinion is the decision that allows Canada to remove a Convention refugee or protected person to a country where they may face persecution or torture. Normally, section 115(1) of IRPA forbids that. A danger opinion under section 115(2) is the exception: CBSA starts the case, and a senior decision-maker at IRCC decides whether the person’s danger to Canada outweighs the risk they would face and any humanitarian considerations.
Lawgical Law Corporation, an immigration law firm in Surrey, Abbotsford and Vancouver, BC, represents refugees and protected persons facing danger opinions, removal and the Federal Court reviews that follow; this guide is by Prabhpreet Kaur Sangha.
Leave your details and our team will contact you to arrange a time with a lawyer. Or call (778) 598-3785.
Thank you, we have your request
A member of our team will contact you to arrange a time. If your matter is urgent, call us at (778) 598-3785, Monday to Friday, 9:00 am – 5:00 pm.
Who can get a danger opinion?
| Section | Who | The question |
|---|---|---|
| s. 115(2)(a) | Inadmissible for serious criminality | Are you a danger to the public in Canada? |
| s. 115(2)(b) | Inadmissible for security, human or international rights violations, or organized criminality | Should you not be allowed to stay because of the nature and severity of your acts or the danger to Canada’s security? |
It applies to protected persons in Canada and to people recognized as refugees by another country.
When it comes up
Most often after a protected person who is a permanent resident is convicted, found inadmissible for serious criminality, and loses the right to appeal because the sentence was 6 months or more. They then have a removal order, but s. 115(1) still protects them. See removal after a criminal conviction.
How the decision is made
- Notice. CBSA puts you on notice and invites written submissions on three things: whether you are a danger to the public, the risk to your life or freedom if removed, and humanitarian and compassionate factors.
- CBSA’s recommendation. CBSA prepares a “Request for Minister’s Opinion” package, usually recommending a danger finding, with your record and police reports. It is disclosed to you so you can respond.
- Your response. Written submissions and evidence by the deadline CBSA gives. If the file sits for a long time, it is common to update them.
- The decision. A senior decision-maker at IRCC, acting for the Minister, balances the danger against the risk and humanitarian factors. Where there is a substantial risk of torture or death, removal is allowed only in exceptional circumstances.
From notice to decision can take years, and the record keeps growing in the meantime.
Challenging a danger opinion
There is no appeal. You can apply for leave and judicial review in the Federal Court, usually within 15 days, and ask for a stay of removal while the court decides. See a stay after a PRRA or deferral refusal.
How it fits with PRRA and cessation
A PRRA for someone with serious criminality is restricted. Cessation, by contrast, ends protection altogether: see cessation of refugee protection.
Why this needs a lawyer
One lawyer, one file, every step:
- reading the danger file and finding what’s wrong or missing;
- building the rehabilitation and risk evidence;
- writing the submissions by the deadline;
- Federal Court review and a stay of removal.
The written submissions are usually the only chance to be heard before the opinion is made.
Immigration lawyers are members of a provincial law society (in our case, the Law Society of British Columbia), and only a lawyer can represent you in the Federal Court if a refusal has to be challenged there. An immigration consultant cannot appear in that court for you.
Mistakes I have seen
- Treating the notice as routine and answering with a short letter.
- Focusing only on risk and saying nothing about rehabilitation.
- Missing the deadline in the notice.
- Waiting for a removal date before getting a lawyer.
Frequently asked questions
Can I be removed to a country where I face torture?
Only if a danger opinion is made, and it must weigh that risk.
Does a danger opinion end my refugee status?
No, but it allows removal despite it.
Is there an appeal?
No. The remedy is judicial review in the Federal Court.
How long does it take?
It varies; the deadline for your submissions is short, so act when the notice arrives.
What should I do right now?
If you received notice that CBSA is seeking a danger opinion, read responding to a danger opinion notice and get counsel before the deadline.
Book a consultation with our immigration lawyers in Surrey, Abbotsford or Vancouver, or online from anywhere.
Ready to book? Open the booking form ↑
Sources (official)
- Immigration and Refugee Protection Act, s. 115
- IRCC: Section A115 cases – non-refoulement assessments (modified November 18, 2025)
- Immigration and Refugee Protection Act, s. 36
- Immigration and Refugee Protection Act, s. 64
- Immigration and Refugee Protection Act, s. 72
This article is general information, not legal advice. Every case depends on its own facts.