Intake of persons referred who do not meet the refugee definition

This section contains policy, procedures and guidance used by Immigration, Refugees and Citizenship Canada staff. It is posted on the Department’s website as a courtesy to stakeholders.

In exceptional circumstances, the visa office may be approached by a referral organization to consider cases of persons who do not meet the strict definition of Convention refugee or member of the country of asylum class.

Generally, these persons are not eligible to apply for resettlement to Canada as refugees. However, some situations may arise in which the person in question is vulnerable or in need of urgent protection. In these cases, officers should determine whether compelling humanitarian and compassionate (H&C) reasons exist to allow such persons into Canada.

If a case has been or may be accepted on H&C grounds and the applicant requires settlement support

The Resettlement Assistance Program (RAP) (PDF, 534.12KB) may provide, in exceptional circumstances, settlement support for persons who are not refugees, but who are accepted on H&C grounds. Under the terms and conditions of RAP, these exceptional circumstances are limited to “...foreign nationals who are in urgent need of protection and who, if not for the fact that they have been unable to leave their country of origin, would otherwise meet the criteria as a member of the Convention refugees abroad class.” RAP is only available to those who apply in one of the refugee classes and are granted permanent residence under A25.1 (Minister’s own initiative).

How to request RAP

Refer the case with relevant details to NHQ by contacting Operational Management and Coordination Branch who will refer the case to the Director General, Integration Program Management Branch (IPMB), who is the delegated authority for approval of RAP for exceptional cases.

If RAP is not approved

If RAP is not approved, then the visa officer could assess to see if the person in question and any other eligible family members could be self-supporting in Canada.

If there are insufficient means of support, then the applicant may be refused as per A39 (Financial reasons).

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