Immigration
Canadian refugee law is based on the UN Convention Relating to the Status of Refugees. Though sexual identity has not been explicitly listed as a grounds for protection, Canadian courts have determined that it is covered under “particular social group”. Queer individuals must demonstrate that they have been persecuted on the basis of sexual orientation or gender identity to claim refugee status.
Many queer-based refugee claimants in Canada are unsuccessful. This is largely due to claims based on sexual orientation and gender identity being misunderstood by immigration and refugee decision makers; the good news is that many of these are successful at the appeal stage. Two other options remain if there is a negative refugee decision: “Humanitarian and Compassionate Grounds” applications and “Pre Removal Risk Assessments”. However, these options are not available until one year after the negative refugee decision.
If you have lived with a partner for over a year (same or opposite sex) in your country of origin, you can identify them as your common-law partner in your refugee claim. If you travel to Canada alone, it is important to recognize your partner and any children in your refugee claim so they can join you at a later time if your application is successful.
If you arrive in Canada without proper identification documents, it is possible that you could be detained until your identity is verified. This can pose unnecessary burdens on trans and gender diverse people. You can also be detained if Canadian immigration officials believe you are a threat to security. Trans people must be detained in accordance with their own gender identity (if that is what they prefer).
Unfortunately, the Queer Justice Project (QJP) does not currently have the ability to provide legal services in the area of immigration. Below are some other organizations and resources that may be able to provide more support.
Helpful Resources
Considering Canada: Information for LGBTQI Americans Looking to Move to Canada: a recorded information sessions and companion guide produced by Egale for Americans to understand their options, assess potential risks, and consider key factors involved in making an informed decision. https://egale.ca/awareness/consideringcanada/
Immigration, Refugee and Citizenship Canada (IRCC), LGBTQI+ refugees: IRCC information page for LGBTQI+ refugees. https://www.canada.ca/en/immigration-refugees-citizenship/services/refugees/about-refugee-system/2slgbtqi-plus.html
Legal Aid Ontario, Refugee Law Office (RLO): provides contact information for Hamilton’s RLO and explains the services the RLO can offer. https://www.legalaid.on.ca/more/corporate/contact-legal-aid-ontario/refugee-law-office/
Legal Aid Ontario (LAO), Services for refugee claimants: outlines the legal services LAO may be able to pay for related to refugee claims. https://www.legalaid.on.ca/services-for-refugee-claimants/
Legal Aid Ontario (LAO), Immigration services: outlines the legal services LAO may be able to pay for related to immigrating to Canada. https://www.legalaid.on.ca/immigration-services/
CLEO, Steps to Justice, Refugee Law: provides plain language guides on refugee law topics, including making a refugee claim, being detained, hearings, and accessing services and benefits. https://stepstojustice.ca/legal-topic/refugee-law/
CLEO, Steps to Justice, Immigration Law: provides plain language guides on immigration law topics, including temporary programs, sponsoring family members, temporary resident permits, migrant workers, and accessing services and benefits. https://stepstojustice.ca/legal-topic/immigration/
CLEO, Steps to Justice, Immigration Law Guided Pathways: free online interviews that assist individuals in filling out the draft form required to apply for an open work permit within Canada. https://stepstojustice.ca/guided-pathways/immigration-law/
Rainbow Refugee (British Columbia): provides programs and supports to individuals seeking refugee protection due to persecution based on sexual orientation, gender identity and expression, sex characteristics, and/or HIV status. https://rainbowrefugee.ca/
Envisioning Global LGBT Human Rights, Making an LGBTI Refugee Protection Claim in Canada: a information document for individuals considering making an LGBTI refugee protection claim in Canada. https://ocasi.org/sites/default/files/making-lgbti-refugee-protectoin-claim-canada_0.pdf
Rainbow Railroad: a global not-for-profit organization that helps LGBTQI+ people get to safety around the world. https://www.rainbowrailroad.org/