LGBT refugees and asylum seekers in Canada

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In Canada, Lesbian, Gay, Bisexual, or Transgender (LGBT) or Gender and Sexual Minority (GSM) refugees and asylum-seekers are those who make refugee claims to Canada due to their sexual orientation or gender identity.

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According to the United Nations High Commissioner for Refugees (UNHCR), refugees are displaced persons who, "owing to a well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion, is outside the country of his nationality, and is unable to, or, owing to such fear, is unwilling to avail himself of the protection of that country." [1] In order to gain refugee status in Canada, an individual must demonstrate that they are at risk of being persecuted and unable to seek protection from their home country. These claims can be made once the individual resides in Canada on a visa or prior to their arrival. [2]

Much of the research on this population tends to be qualitative in character and is carried out with asylum seekers who already reside in Canada. [1] [3]

History of LGBT and GSM refugees in Canada

Throughout the 20th century, homosexuality was considered by some to be deviant behaviour and participants were considered a "‘bad’ citizen." It was a criminalized lifestyle in North American discourses of American nationalism and citizenship. [1] In 1991, Canada became one of the first Western nations to grant refugee status due to persecution based on sexual orientation. [3] In 1993, during Canada (A.G.) v. Ward , the parameters of "belonging to a specific social group" were defined to explicitly accept LGBT/GSM refugees. [3] By 1995, Canada offered adjudicator training regarding sexual minorities in different countries. [3]

While media attention for the LGBT/GSM refugee has increased, quantifying the numbers of incoming LGBT/GSM refugee cases is difficult due to access to the Immigration and Refugee Board of Canada (IRB) statistics and changing standards of measurement. [1] In 2004, The Globe and Mail reported that between 2001 and 2004, almost 2,500 GSM/LGBT asylum seekers made claims based on sexual or gender orientation. These claims included 75 different countries. [3] [1] [4] According to Sean Rehagg in 2004, 1,358 LGBT/GSM claims were adjudicated, or decided in 2004. [5] Statistics between April 2009 and June 2011 show that "561 refugee claims based on sexual orientation were finalized before the Refugee Protection Division of the Immigration and Refugee Board of Canada, with 58 per cent of those claims being granted refugee protection." [6]

LGBT and GSM experience in Canada as a refugee or asylum seeker

Process of applying for refugee status

The 1951 Convention Relating to the Status of Refugees (aka the 1951 Refugee Convention) is the United Nations treaty that defines who is a refugee, setting out the rights and guidelines for those who are granted refugee status and the responsibilities of the nation that grants it. The 1967 Protocol Relating to the Status of Refugees is the following treaty that removes the temporal and geographical restrictions of the 1951 Refugee Convention. Canada is party to both treaties. To apply for refugee status, the asylum seeker must first establish a well-founded fear of persecution and be unable to obtain protection from their country of nationality. [6] The persecution must be due to reasons of race, religion, nationality, membership of a particular social group or political opinion. Persecution, according to LaVolette (2014), is defined as "harm feared [to] be serious and that it be inflicted in a persistent, repetitive or systematic way." [6]

David Murray explains that documentation is the "foundation of a refugee claim." [1] Documents are generated, reviewed, and assessed by members of the IRB to determine if the asylum seeker meets the criteria of "refugee" outlined in the 1951 Convention, the 1967 Protocol, and the Canadian Government’s policy. [1] A refugee claim can be made at a port of entry or at an inland office. [7]

The first step in applying for refugee status is the "Basis of Claim Form" [8] [9] that explains why the refugee is applying for asylum and creates the foundation of the refugee case file. Once the case has been started, the refugee applicant is expected to supply RPD documents evidencing who they are (including their name and date of birth), and documents that may support their claim for sanctuary, including proof of membership, medical reports, visas, etc. [1] If the documentation is in a language other than English or French, the applicant must have them translated into either English or French. [7]

Once all the documentation is filed, the next step the applicant undergoes is the hearing, where a member of the RPD will decide whether or not the case meets the standard for refugee. The applicant may have representation at the hearing. If the applicant chooses to have counsel, they are responsible for the fee. The refugee applicant is not required to have counsel. If the applicant does not speak English or French, the RPD will provide an interpreter at no cost. [7]

After the hearing, the claim will be accepted or rejected. For rejections, most of the time applicants can appeal the Refugee Appeal Division or file for a leave and for judicial review with the Federal Court. [7] The refugee cannot appeal if they meet specific criteria i.e. if they are designated foreign national, or the "RPD’s decision says that the claim has no credible basis or is manifestly unfounded." [7]

Pre-migration experience

Research regarding the pre-migration experience is limited. In a study done by Edwards J. Alessi, Sarilee Kahn, and Der Horn Van in 2017, discovered 4 themes of coping strategies during the pre-migration experience narrative: "‘living on the edge," adopting concealment strategies, routine victimization, and protectors as perpetrators." [10] The authors determined these themes through the study of 26 pre-migration narrative interviews. They argue that homophobia and transphobia can be so entrenched in societal structures that individuals are unable to seek help when facing violence or threats from their local law enforcement. This study also found that refugees’ pre-migration narratives tended to have similar experiences. Refugees often described their protectors as perpetrators, and applicants underwent routine victimization. [11] To deal with the victimization experiences, refugees develop similar strategies across multiple nationalities and cultures.

The refugee narrative and identity

The refugee process takes a toll on refugee identity and relations. The refugee process enforces a refugee narrative upon the refugee. The process of gaining refugee status in Canada requires that the refugee prove their sexual orientation in accordance with the expectation on how an LGBT and GSM refugee should behave in the Western world. [3] [12] [13] [5] These social and political pressures on GSM and LGBT refugees leads to the construction of identity that is congruent with the Western coming out narrative, which emphasize a chronological and binary recognition of one’s own sexual identity. [1] [2] [14]

Current research indicates a homonationalistic stance of the Canadian government towards LGBT and sexual minority refugees and asylum seekers. [1] [15] [3] Homonationalism refers to Jasbir Paur's 2007 concept of "a privileged relationship between post-9/11 American nationalism and a particular raced, classed, and gendered formation of gay identity in opposition to the threat of racialized others." [14] This has led to criticism that the Canadian society and government have a specific idea on what it is to be "gay". [12] Researchers, such as David A. B. Murray, argue that this homonationalistic stance lends itself to refugees being required to adopt a culturally recognizable performance in order to obtain refugee status. [2] [12] [15] Megan Gaucher and Alexa DeGagne argue the narrative that the Canadian government supports places Canada in the role of protector and refugees’ home nation in the role of uncivilized country. This can cause stress to the refugee because it encourages them to embrace Canada as the saviour from the uncivilized home nation. [15] Researchers argue that casting Canada as a protector leads to the idea that the refugee should be grateful, and happy to be in Canada. [12] [13] Expecting the refugee to accept the home nation’s uncivilized role can negatively impact refugees’ psychological health as well as inhibit the reports of the structural violence refugees encounter during the determination process in order to fit into the role of a grateful refugee.

Current research also indicates a need for a more flexible understanding of sexual narratives and sexual minority groups. [10] [11] [16] The research further suggests that the understanding of GSM and LGBT refugee experience still comes from a binary and linear understanding of how to be GSM and LGBT that has encompassed the Western idea of what it means to be "gay" in Canada. [5] The Western understanding of the GSM and LGBT experience has been focused on a chronological recognition where the individual discovers that they are LGBT and the performance of that identity then remains constant in a chronological fashion. David A. B. Murray argues that this is often exhibited through chronological questions. The progress of recognizing one’s ideas begins in childhood and background, then sexual experiences and desires during adolescence and adulthood prior to their migration. [1] This LGBT identity favours the binary approach of being male or female, and attracted to males or females. [5] The refugee narrative expected by the government of the refugee experience is taught and absorbed to the incoming refugees to increase their chances of success in navigating the refugee process. [13] Many applicants join social groups in efforts to increase their authenticity of their identity during the application process to visibly demonstrate their sexual identity and to help deal with the stress of the process. [17] [2] The process for the refugee application and gaining refugee status is the same for all LGBT refugees and through sharing their experiences it can increase their chances for success. [2] [16] This can cause suspicion among other applicants as their stories can sound similar. [2] [13] [15] The Western narrative emphasizes the linear process of discovering the refugee’s sexual identity, where their background and childhood experiences leads to the recognition during adolescence and adulthood. [15] [2] It is expected by officials that friends and family would be familiar with the individual's sexual orientation—during the process, friends and family can be contacted to authenticate their preferences. [1] In some cases, when friends and family are not familiar with the individual's orientation, it can increase the risk of the refugee request being denied. [1]

Applying as a bisexual refugee or asylum seeker

According to researchers like Sean Rehagg, the homonationalistic understanding of the LGBT/GSM experience seems to be binary and unchangeable in nature. [15] [5] For a bisexual refugee, there is a greater risk of being turned down than those who identify as gay, lesbian or transgender. Rehagg argues that the bisexual refugee experience can be looked at in two ways: They are invisible in their home state and they have low success rates. [5] [12] According to Rehagg, the threat of bisexuality to both the heterosexual and homosexual binary understanding of sexuality can lead to the bisexual refugee receiving less attention than the rest of the LGBT community, as it threatens the stance of having a single preference supported by both the homosexual and heterosexual beliefs. The support of binary sexual preference and identification is attributed to the cis-normative and hetero-normative approaches to sexuality that are entrenched in the social system in Canada. [15] Despite the first publicly recorded bisexual refugee case in Canada in 2000, the number of bisexual refugees has decreased over the last twenty years. In a recent study done by Rehagg, no bisexual refugee was granted refugee status between 2001 and 2004. Furthermore, out of the 115 publicly published LGBT/GSM applicants, only 11 identified as bisexual. [5] Rehagg also found that bisexual applicants made up 7% of the claims, and the success rate of bisexual applicants was 25%. LGBT/GSM applicants that identified other than bisexual had a 49% success rate, and the average success rate was found to be 46%. [5]

Related Research Articles

<i>LGBTQ</i> Initialism for "lesbian, gay, bisexual, transgender and queer"

LGBTQ is an initialism of lesbian, gay, bisexual, transgender and queer or questioning. It is an umbrella term, broadly referring to all sexualities, romantic orientations, and gender identities which are not heterosexual or cisgender.

<span class="mw-page-title-main">Sexuality and gender identity-based cultures</span> Variety of communities and subcultures

Sexuality and gender identity-based cultures are subcultures and communities composed of people who have shared experiences, backgrounds, or interests due to common sexual or gender identities. Among the first to argue that members of sexual minorities can also constitute cultural minorities were Adolf Brand, Magnus Hirschfeld, and Leontine Sagan in Germany. These pioneers were later followed by the Mattachine Society and the Daughters of Bilitis in the United States.

Heteronormativity is the concept that heterosexuality is the preferred or normal sexual orientation. It assumes the gender binary and that sexual and marital relations are most fitting between people of opposite sex.

<span class="mw-page-title-main">Biphobia</span> Aversion to bisexual people

Biphobia is aversion toward bisexuality or people who are identified or perceived as being bisexual. Similarly to homophobia, it refers to hatred and prejudice specifically against those identified or perceived as being in the bisexual community. It can take the form of denial that bisexuality is a genuine sexual orientation, or of negative stereotypes about people who are bisexual. Other forms of biphobia include bisexual erasure.

<span class="mw-page-title-main">Homosexuality and psychology</span> Homosexuality as studied by the field of psychology

The field of psychology has extensively studied homosexuality as a human sexual orientation. The American Psychiatric Association listed homosexuality in the DSM-I in 1952 as a "sociopathic personality disturbance," but that classification came under scrutiny in research funded by the National Institute of Mental Health. That research and subsequent studies consistently failed to produce any empirical or scientific basis for regarding homosexuality as anything other than a natural and normal sexual orientation that is a healthy and positive expression of human sexuality. As a result of this scientific research, the American Psychiatric Association removed homosexuality from the DSM-II in 1973. Upon a thorough review of the scientific data, the American Psychological Association followed in 1975 and also called on all mental health professionals to take the lead in "removing the stigma of mental illness that has long been associated" with homosexuality. In 1993, the National Association of Social Workers adopted the same position as the American Psychiatric Association and the American Psychological Association, in recognition of scientific evidence. The World Health Organization, which listed homosexuality in the ICD-9 in 1977, removed homosexuality from the ICD-10 which was endorsed by the 43rd World Health Assembly on 17 May 1990.

An asylum seeker is a person who leaves their country of residence, enters another country, and makes in that other country a formal application for the right of asylum according to the Universal Declaration of Human Rights Article 14. A person keeps the status of asylum seeker until the right of asylum application has concluded.

Sexual identity refers to one's self-perception in terms of romantic or sexual attraction towards others, though not mutually exclusive, and can be different from romantic identity. Sexual identity may also refer to sexual orientation identity, which is when people identify or dis-identify with a sexual orientation or choose not to identify with a sexual orientation. Sexual identity and sexual behavior are closely related to sexual orientation, but they are distinguished, with identity referring to an individual's conception of themselves, behavior referring to actual sexual acts performed by the individual, and sexual orientation referring to romantic or sexual attractions toward persons of the opposite sex or gender, the same sex or gender, to both sexes or more than one gender, or to no one.

A sexual minority is a demographic whose sexual identity, orientation or practices differ from the majority of the surrounding society. Primarily used to refer to lesbian, gay, bisexual, or non-heterosexual individuals, it can also refer to transgender, non-binary or intersex individuals.

<span class="mw-page-title-main">Bisexual erasure</span> Dismissing or misrepresenting bisexuals in the public perception

Bisexual erasure, also called bisexual invisibility, is the tendency to ignore, remove, falsify, or re-explain evidence of bisexuality in history, academia, the news media, and other primary sources.

<span class="mw-page-title-main">LGBT rights in Norway</span>

Lesbian, gay, bisexual, and transgender (LGBTQ) people in Norway have the same legal rights as non-LGBT people. In 1981, Norway became one of the first countries in the world to enact an anti-discrimination law explicitly including sexual orientation. Same-sex marriage, adoption, and assisted insemination treatments for lesbian couples have been legal since 2009. In 2016, Norway became the fourth country in Europe to pass a law allowing the change of legal sex for transgender people based on self-determination. On 1 January 2024, conversion therapy became legally banned within Norway.

<span class="mw-page-title-main">Asylum in the United States</span> Overview of the situation of the right for asylum in the United States of America

The United States recognizes the right of asylum for individuals seeking protections from persecution, as specified by international and federal law. People who seek protection while outside the U.S. are termed refugees, while people who seek protection from inside the U.S. are termed asylum seekers. Those who are granted asylum are termed asylees.

<span class="mw-page-title-main">Questioning (sexuality and gender)</span> Process of self-exploration

The questioning of one's sexual orientation, sexual identity, gender, or all three is a process of exploration by people who may be unsure, still exploring, or concerned about applying a social label to themselves for various reasons. The letter "Q" is sometimes added to the end of the acronym LGBT ; the "Q" can refer to either queer or questioning.

Closeted and in the closet are metaphors for LGBT people who have not disclosed their sexual orientation or gender identity and aspects thereof, including sexual identity and sexual behavior. This metaphor is associated and sometimes combined with coming out, the act of revealing one's sexuality or gender to others, to create the phrase "coming out of the closet".

Various issues in medicine relate to lesbian, gay, bisexual, and transgender people. According to the US Gay and Lesbian Medical Association (GLMA), besides HIV/AIDS, issues related to LGBT health include breast and cervical cancer, hepatitis, mental health, substance use disorders, alcohol use, tobacco use, depression, access to care for transgender persons, issues surrounding marriage and family recognition, conversion therapy, refusal clause legislation, and laws that are intended to "immunize health care professionals from liability for discriminating against persons of whom they disapprove."

LGBT migration is the movement of lesbian, gay, bisexual and transgender (LGBT) people around the world or within one country. LGBT individuals choose to migrate so as to escape discrimination, bad treatment and negative attitudes due to their sexuality, including homophobia and transphobia. These people are inclined to be marginalized and face socio-economic challenges in their home countries. Globally and domestically, many LGBT people attempt to leave discriminatory regions in search of more tolerant ones.

<span class="mw-page-title-main">Outline of LGBTQ topics</span>

The following outline offers an overview and guide to LGBTQ topics:

LGBTQ psychology is a field of psychology of surrounding the lives of LGBTQ+ individuals, in the particular the diverse range of psychological perspectives and experiences of these individuals. It covers different aspects such as identity development including the coming out process, parenting and family practices and support for LGBTQ+ individuals, as well as issues of prejudice and discrimination involving the LGBTQ community.

Due to the increased vulnerability that lesbian, gay, bisexual, and transgender (LGBT) youth face compared to their non-LGBT peers, there are notable differences in the mental and physical health risks tied to the social interactions of LGBT youth compared to the social interactions of heterosexual youth. Youth of the LGBT community experience greater encounters with not only health risks, but also violence and bullying, due to their sexual orientation, self-identification, and lack of support from institutions in society.

<span class="mw-page-title-main">Sexual assault of LGBT persons</span>

Sexual assault of LGBT people, also known as sexual and gender minorities (SGM), is a form of violence that occurs within the LGBT community. While sexual assault and other forms of interpersonal violence can occur in all forms of relationships, it is found that sexual minorities experience it at rates that are equal to or higher than their heterosexual counterparts. There is a lack of research on this specific problem for the LGBT population as a whole, but there does exist a substantial amount of research on college LGBT students who have experienced sexual assault and sexual harassment.

Transgender asylum seekers are transgender-identifying people seeking refuge in another country due to stigmatization or persecution in their home countries. Because of their gender non-conformity, transgender asylum seekers face elevated risks to their mental and physical health than cisgender asylum seekers or those whose gender identity is the same as their sex assigned at birth, including higher risks of physical and sexual assault, torture, "conversion therapy" practices, and forced isolation. As a result, transgender people face challenges in the asylum process not experienced by others.

References

  1. 1 2 3 4 5 6 7 8 9 10 11 12 13 Murray, David A. B. (2015). Real queer? : sexual orientation and gender identity refugees in the Canadian refugee apparatus. London. ISBN   9781783484409. OCLC   935326236.{{cite book}}: CS1 maint: location missing publisher (link)
  2. 1 2 3 4 5 6 7 Murray, David A. B. (2014). "Real queer: "Authentic" LGBT refugee claimants and homonationalism in the Canadian refugee system". Anthropologica. 56.
  3. 1 2 3 4 5 6 7 Lee, Edward Ou Jin; Brotman, Shari (2011-08-01). "Identity, Refugeeness, Belonging: Experiences of Sexual Minority Refugees in Canada". Canadian Review of Sociology. 48 (3): 241–274. doi:10.1111/j.1755-618x.2011.01265.x. ISSN   1755-618X. PMID   22214042.
  4. ↑ "Gay refugee claimants seeking haven in Canada" . Retrieved 2021-05-21.
  5. 1 2 3 4 5 6 7 8 Rehaag, Sean (2009-06-01). "Bisexuals need not apply: a comparative appraisal of refugee law and policy in Canada, the United States, and Australia" (PDF). The International Journal of Human Rights. 13 (2–3): 415–436. doi:10.1080/13642980902758226. hdl: 10315/8022 . ISSN   1364-2987. S2CID   55379531.
  6. 1 2 3 Laviolette, Nicole (2014). "SEXUAL ORIENTATION, GENDER IDENTITY AND THE REFUGEE DETERMINATION PROCESS IN CANADA". Journal of Research in Gender Studies. 4 (2): 68–123 – via SSRN.
  7. 1 2 3 4 5 Canada, Immigration and Refugee Board of (2012-11-30). "Claimant's Guide". www.irb-cisr.gc.ca. Retrieved 2017-10-24.
  8. ↑ "The Personal Information Form - Canada Immigration and Visa Information. Canadian Immigration Services and Free Online Evaluation". 16 February 2013.
  9. ↑ https://irb-cisr.gc.ca/en/forms/Documents/RpdSpr0201_e.pdf [ bare URL PDF ]
  10. 1 2 Alessi, Edward J. (2016). "Resilience in sexual and gender minority forced migrants: A qualitative exploration". Traumatology. 22 (3): 203–213. doi:10.1037/trm0000077.
  11. 1 2 Alessi, Edward J.; Kahn, Sarilee; Horn, Rebecca Van Der (2017-09-02). "A Qualitative Exploration of the Premigration Victimization Experiences of Sexual and Gender Minority Refugees and Asylees in the United States and Canada". The Journal of Sex Research. 54 (7): 936–948. doi:10.1080/00224499.2016.1229738. ISSN   0022-4499. PMID   27715333. S2CID   6976546.
  12. 1 2 3 4 5 Lee, Edward Ou Jin; Brotman, Shari (2013). "Structural Intersectionality and Anti-Oppressive Practice with LGBTQ Refugees in Canada". Canadian Social Work Review. 30: 157–183.
  13. 1 2 3 4 Murray, David AB (2014-05-13). "The (not so) straight story: Queering migration narratives of sexual orientation and gendered identity refugee claimants". Sexualities. 17 (4): 451–471. doi:10.1177/1363460714524767. S2CID   147177595.
  14. 1 2 Murray, David A. B. (2014). "The Challenge of Home for Sexual Orientation and Gendered Identity Refugees in Toronto". Journal of Canadian Studies. 48 (1): 132–152. doi:10.3138/jcs.48.1.132. S2CID   142055261.
  15. 1 2 3 4 5 6 7 Gaucher, Megan; DeGagne, Alexa (2016). "Guilty Until Proven Prosecuted: The Canadian States Assessment of Sexual Minority Refugee Claimants and the Invisibility of the non-Western Sexual Non-Citizen". Social Politics: International Studies in Gender, State and Society. 23 (3): 459–481. doi:10.1093/sp/jxu029.
  16. 1 2 Seitz, David K (2016-08-31). "Limbo life in Canada's waiting room: Asylum-seeker as queer subject". Environment and Planning D: Society and Space. 35 (3): 438–456. doi:10.1177/0263775816667074. S2CID   151429248.
  17. ↑ Logie, Carmen H.; Lacombe-Duncan, Ashley; Lee-Foon, Nakia; Ryan, Shannon; Ramsay, Hope (2016-07-02). ""It's for us –newcomers, LGBTQ persons, and HIV-positive persons. You feel free to be": a qualitative study exploring social support group participation among African and Caribbean lesbian, gay, bisexual and transgender newcomers and refugees in Toronto, Canada". BMC International Health and Human Rights. 16 (1): 18. doi: 10.1186/s12914-016-0092-0 . ISSN   1472-698X. PMC   4930565 . PMID   27369374.
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