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3.9 Lack of Foreseeable Alternative Durable Solutions

Submission under this category

To meet the conditions for this submission category, consider:

  • Indicators on legal, social and economic protection and inclusion in the country of asylum, for example:
    –        freedom of movement
    –        right to work
    –        access to identity documents and civil registration
    –        access to available public services (healthcare, education and training, housing)
    –        pathway to naturalization.
  • The length of stay in the country of asylum and overall living conditions.
  • The prospects for voluntary return in the foreseeable future.

Given the lack of resettlement spaces in relation to global resettlement needs, caseworkers should in general apply LFADS only as a secondary submission category, notably as a means of advocating for and strengthening cases submitted on other grounds. If no primary category can be identified, this may indicate that a case should be de-prioritized for resettlement, or assessed by a supervisor for approval, according to SOPs.

LFADS may be used as a primary submission category on an exceptional basis, such as to preserve family unity, or in the context of group processing in which this submission category most appropriately describes the resettlement needs. This category underlines the fact a refugee does not have any foreseeable access to opportunities for self-reliance and socioeconomic inclusion in the country of asylum in the short or long term, nor do they have the possibility of voluntary repatriation in the foreseeable future. Such individuals may therefore find themselves in a protracted refugee situation: while it is not safe to return home, there is no viable pathway to legal permanent residency in another country either.

Note that in situations where spontaneous voluntary return takes place or when voluntary return is actively promoted, some refugees may be in need of resettlement due to a continued fear of persecution in their country of origin. Such cases should be processed for resettlement in consultation with the Resettlement and Complementary Pathways Service and the relevant regional bureau.