LGBTQ+ Claimants and the Refugee Determination Process in Canada

Horrific human rights violations have forced many Lesbian, Gay, Bisexual, Transgender, Queer/Questioning (LGBTQ+) people to seek refuge in countries like Canada with stronger human rights laws and protection. Canada, in particular, has an international reputation for being a ‘welcoming’ nation and a ‘safe’ haven for refugee claimants. However, this paper reveals that LGBTQ+ persons seeking asylum in Canada based on their sexual orientation and gender identity/expression (SOGIE), experience distinct challenges in navigating the determination process, especially in relation to their mental health and safety. One of the most harmful aspects of the refugee determination process for LGBTQ+ refugee claimants is the need to ‘prove’ one’s sexual orientation and gender identity / expression. This paper thus provides recommendations for re-evaluating testimony and evidence based on fear of persecution, not on ‘proving’ the sexual orientation or gender identity / expression of claimants.