Temporary public policy concerning victims of sexual violence in Haiti

I hereby establish pursuant to section 25.2 of the Immigration and Refugee Protection Act (the “Act”), that there are sufficient public policy considerations warranting an exemption from the requirement to be a member of an immigration class in order to facilitate the granting of permanent resident status to up to 40 Haitian women and their dependants who were displaced as a result of the 2010 earthquake in Haiti; have been referred by the United Nations High Commissioner for Refugees (UNHCR); are victims of sexual violence (or their accompanying dependant is a victim of sexual violence); continue to be in a vulnerable situation in Haiti where they face a threat to their security or life (or their accompanying dependant is in such a situation); and have no effective protection or durable solution in Haiti.

I have further established that there are sufficient public policy considerations to warrant a waiver of (i) the requirement to pay the application processing fee specified in section 295(1)(c) of the Immigration and Refugee Protection Regulations (the “Regulations”); (ii) the requirement to be a member of a class specified in section 70(1)(c) and (d) of the Regulations and (iii) the requirement to produce evidence that payment of application fees has been made specified in section 10(1)(d) of the Regulations.

I have also established that there are sufficient public policy considerations to warrant an exemption to persons who comply with the criteria set out below from the requirement specified in section 39 of the Act (inadmissibility for financial reasons if a foreign national is unable or unwilling to support themselves or their dependents) and section 38(1)(c) (inadmissibility on health grounds for a condition that might reasonably be expected to cause excessive demand on health or social services).

As of March 31, 2012 applications made under the Act by Haitian victims of sexual violence residing in Haiti who have been referred to Canada by the UNHCR as being in need of resettlement shall be assessed, along with their dependants, by delegated officers to determine whether permanent residence to Canada could be granted. Up to 40 victims of sexual violence identified by the UNHCR may be accepted under this public policy along with any eligible dependants.

Based on public policy considerations, as of March 31, 2012, delegated officers are advised to consider permanent residence in Canada and the granting of an exemption from the requirements and inadmissibilities of the Act identified above for persons who are Haitian, residing in Haiti and who:

• Were displaced as a result of the 2010 earthquake in Haiti,
• Are referred by UNHCR,
• Are victims of sexual violence (or their accompanying dependant is a victim of sexual violence),
• Continue to be in a vulnerable situation in Haiti where they face a threat to their security or life (or their accompanying dependant is in such a situation), and
• Have no effective protection or durable solution in Haiti.

Eligible dependants are defined as persons who:

1. meet the definition of a family member in s. 1 (3) of the Immigration and Refugee Protection Regulations or
2. are in a situation of economic, emotional and social dependence with the principal applicant, are residing in Haiti with the principal applicant, are identified by UNHCR as an accompanying dependant as part of the initial referral and, if under 18 years of age, should be included in the application according to UNHCR’s Best Interests Assessment

Applicants admitted under this public policy will be subject to all other admissibility requirements, including screening on criminality, security and medical grounds regarding public health or public safety 

Applicants wishing to settle in Quebec will be subject to the Province of Quebec’s selection criteria further to subsection 25.2 (3) of the Act, and cannot be granted permanent residence unless Quebec determines that they meet the applicable requirements of the province.

This public policy is intended to end once permanent residence applications from all 40 victims of sexual violence and their dependants have been processed by CIC.