Temporary Public Policy for the resettlement of certain vulnerable Afghan nationals

Background

The complete takeover of Afghanistan by the Taliban, as well as their control over border crossings, has created significant risks with respect to security and made it exceptionally challenging for individuals to leave the country. As such, allied partners as well as special interest groups and organizations are attempting to facilitate the resettlement of specific vulnerable Afghans from within and outside the country.

Certain Afghans, as well as their family members, are very vulnerable and face elevated risk, including due to their connection to Canada or due to being a member of a group such as women leaders, human rights defenders, persecuted religious and ethnic minorities, LGBTQI individuals, or journalists, and who do not currently have a reasonable pathway to safety. These individuals are at higher risk of violence, execution, imprisonment, torture, as well as ongoing harassment.

Public Policy Considerations

The Temporary Public Policy for the Resettlement of Certain Vulnerable Afghan Nationals recognizes the need for these individuals and their family members to be resettled to Canada.

Informed by the recommendations of the House of Commons Special Committee on Afghanistan, this temporary public policy will facilitate the resettlement of eligible foreign nationals as members of the Convention Refugee Abroad Class, for whom government resettlement assistance will be granted, if these foreign nationals meet the below described conditions (eligibility requirements).

Certain individuals were identified by organizations, such as those below, that are operationally active in Afghanistan and its neighbouring countries, have experience in identifying and supporting vulnerable Afghans, and have direct knowledge of the recommended individuals and of the risks they personally face:

Rainbow Railroad;
Focus Humanitarian Assistance (Focus);
United Nations agencies;
[Redacted];
Shajjan & Associates Attorneys and Counselors at Law;
Journalists for Human Rights; and
The Raoul Wallenberg Centre for Human Rights/Operation Abraham.

Part 1 - Conditions (eligibility requirements)

In light of the foregoing, I hereby determine that the following foreign nationals are exempted from all of the eligibility requirements of the Convention Refugee Abroad class, as well as from the other requirements in the Immigration and Refugee Protection Act (Act) and its Regulations listed below:

1. Afghan nationals included on a list in Annex A (“the List”).

Part 2 - Conditions (eligibility requirements) applicable to new family members

I hereby establish that there are sufficient public policy considerations justifying the granting exemptions, pursuant to section 25.2 of the Immigration and Refugee Protection Act (the Act), from the criteria and obligations in the Act and Regulations listed below when the foreign national meets the conditions (eligibility requirements) set out below.

Based on public considerations, delegated officers may grant an exemption from the requirements of the Act and Regulations identified below, when a foreign national meets the following conditions. The foreign national:

1. Has been added as an accompanying family member in an application for a permanent resident visa by a person who meets the eligibility conditions described in Part 1, where the application remains in process; and
2. Meets the definition of family member in subsection 1(3) of the Regulations and the relationship transpired after the coming into effect of this public policy.

Provisions of the Act and Regulations for which an exemption may be granted

• Paragraphs 96(a) and (b) of the Act – be outside their country of nationality or habitual residence;
• Paragraph 139(1)(d) of the Regulations – that there be no reasonable prospect of a durable solution in a country other than Canada;
• Paragraph 139(1)(g) of the Regulations – be able to become successfully established in Canada;
• Subsection 140.3(1) of the Regulations – the requirement to submit a referral from a referral organization with their permanent resident application;
• Subsection 140.3(4) of the Regulations – to submit an application to the immigration office that serves the foreign national’s place of residence;
• Paragraphs 151(b) and (c) of the Regulations – the requirement to meet the conditions of these paragraphs to be issued a temporary travel document; and
• Section 307 of the Regulations – pay the fee for examining circumstances under subsection 25.2(1) of the Act.

Other eligibility and admissibility requirements

Foreign nationals eligible under this public policy are subject to all applicable eligibility and admissibility requirements of the Act and Regulations not otherwise exempted.

Applicants wishing to settle in Quebec cannot be issued a permanent resident visa unless Quebec determines that they meet the applicable selection criteria of the province and issues a Certificat de sélection du Québec (Quebec Selection Certificate).

Coming into effect

This temporary public policy takes effect on the date of my signature, and it may be revoked at any time.

All applications received prior to the revocation of this public policy, if revoked, will be processed under the public policy.

Annex A – List of individuals – Temporary Public Policy for the resettlement of certain vulnerable Afghan nationals

[Redacted]