Moreover, many refugees are uncomfortable discussing their private lives with strangers adjudicating their claims, or even with people from their country or ethnic group who may be interpreting or assisting with their case these claimants may fear that their sexual orientation and gender identity could be revealed in their community.
Many people are not able to be open about their sexual orientation or gender identity in their home countries and thus cannot provide evidentiary records of their relationships. Inherently, being persecuted for one’s sexual orientation and gender identity means having to hide facets of one’s life for fear of being harmed. Among these challenges, there can be difficulty in gathering sensitive evidence about very personal behaviours, and refugees often face assumptions about their credibility, based on outdated attitudes about human sexuality and gender identity. LGBTQ+ refugees face unique challenges when preparing their refugee cases. However, LGBTQ+ claims also present specific challenges, both for the adjudicator of the claim as well as for the refugee.Ĭhallenges faced by LGBTQ+ Refugees while in Canada LGBTQ+ refugee claims are successful at higher rates than other types of refugee claims: 2,371 (or 13 per cent) of all 18,221 asylum decisions made between 20 were based, mainly, on sexual orientation (unlike all the others, in 137 claims, sexual orientation was included as a basis, but not the primary one), and 70.5 per cent of claims were granted, compared to 62.5 per cent of all claims. The amendment came into effect on 1 April 1978. In addition, in 1977, the Canadian Immigration Act was amended, lifting a ban prohibiting gay men and women from immigrating ( see also Immigration Policy in Canada). As a result, the Immigration and Refugee Board (IRB) has adjudicated thousands of cases of persecution based on someone’s gender identity or sexual orientation. Ward),the Supreme Court of Canada explicitly defined the “social group” category of the refugee definition to include sexual orientation.
Then, in 1993, in a seminal decision ( Canada v. In 1991, Canada also became one of the first Western nations to grant refugee status on the basis of sexual orientation. However, changings societal mores led Canada to become a leading country in the advancement and protection of LGBTQ+ rights, including legalizing same-sex marriage. Throughout the 20th century, Canada was not immune to persecuting and ostracising LGBTQ+ persons ( see Prejudice and Discrimination in Canada). Same-sex relationships and fluid gender identities continue to be criminalized and stigmatized in many parts of the world. History of LGBTQ+ Refugee Movements to Canada Refugees become permanent residents upon arrival in Canada. The Government of Canada can either resettle refugees directly, or they can come through the private sponsorship program supported by organizations or individuals. Refugees can also come to Canada through resettlement programs, with the assistance of the United Nations High Commissioner for Refugees (UNHCR), the United Nations body in charge of forced migration and subsequent protection of affected populations. That ruling opened up the way for LGBTQ+ refugees to seek protection in Canada.
While the Refugee Convention is silent on the persecution of LGBTQ+ refugees specifically, the Supreme Court of Canada has ruled, in a landmark (and precedent-setting) decision, that sexual orientation should be seen as a “social group” within the context of determining convention refugee status ( Canada v. Lesbian, Gay, Bisexual, Transgender and Queer (LGBTQ+) refugees claiming protection in Canada must show that they have a well-founded fear of persecution because of their gender identity or sexual orientation, and they must also show that their state is unable or unwilling to protect them. (The IRB is an administrative tribunal responsible for adjudicating refugee claims.) Convention refugees are people who are outside their home country or the country where they normally live, and who are unwilling to return because of a well-founded fear of persecution based on race, religion, political opinion, nationality, or membership in a “particular social group.” To be accepted as a refugee and receive permanent residence status, an asylum seeker must demonstrate, before the Immigration and Refugee Board (IRB) of Canada, that they face persecution based on one of these grounds. The UN Convention Relating to the Status of Refugees (Refugee Convention) is the basis for refugee law in Canada. Previous Next Canada’s Reception of LGBTQ+ Refugees