Resources

Based on Egale's in-house research and review, several recommendations were made to the Canadian federal government on how to better approach engagement with LGBTQI+ newcomers, specifically refugees and refugee claimants. They include: 1) implement long-term government investments and consistent funding that supports the ongoing support of LGBTQ refugees and asylum seekers at all stages of the settlement process; 2) launch a large scale and national needs assessment to identify needs of LGBTQ refugees and asylum seekers; and 3)

This information sheet outlines Canadian Federal Court appeal decisions over the past 10 years that have overturned rejections of lesbian and gay asylum claims. Challenges unique to these asylum seekers are analyzed. (Note: Claims based on bisexuality or gender identity are not covered here, since the jurisprudence is different and specific treatment is necessary.)

The primary audience for this are adjudicators of lesbian and gay claims seeking to ensure that their decisions avoid or survive judicial review; reference for asylum seekers and counsel in preparing gay and lesbian claims. 

This report examines the impact on LGBT asylum seekers in Canada of federal Bill C-31 (December 2012) and the resulting Protecting Canada’s Immigration System Act, as well as other recent changes. It explores Canada’s international obligations, Canadian LGBT refugee jurisprudence, stereotyping, credibility assessment, resettlement, refugee health care and concludes with recommendations.

This 2015 report from the Envisioning Global LGBT Human Rights research project looks at the experiences of lesbian, gay, bisexual and trans (LGBT) asylum seekers living in the GTA (Greater Toronto Area) and the experiences of community service providers. It offers 37 recommendations for improving policies and services. For the research, eight community partners organized focus groups with 92 asylum seekers, and service provider focus groups were also held. The research was conducted in 2012-2014, a time of significant change in Canada’s immigration and refugee system.

This article suggests that there are reasons to be concerned about the way relationship history impacts credibility assessments for refugee claims based on sexual orientation. Decision makers’ written assessments often reveal insufficient consideration of the psychosocial barriers that may impinge on sexual minority refugees’ ability to testify on their relationships. The multinational and multicultural setting of refugee-status proceedings poses unique challenges for sexual minority refugee claimants in having their membership in a particular social group established. Understanding and expressing sexual identity spans cultural divides, and therefore, a claimant’s expressed identity may not match the decision maker’s expectations. Notions of love and intimacy may also be culturally construed, and therefore expectations of how these notions manifest in long-term relationships may be inappropriate in the context of refugee status determination.

The article attempts to canvass the potential pitfalls of Canadian adjudication methods in cases of sexual minority refugee claimants, and to propose recommendations for evaluating testimony and evidence of these relationships. 

This tool was designed by ORAM - Organization for Refuge, Asylum and Migration to help adjudicators and protection experts better assess and adjudicate LGBTI asylum and refugee claims from Uganda.