Making an LGBTQ+ Refugee Claim in Canada:

Essential Steps

Expert immigration support for LGBTQ+ individuals seeking asylum in Canada. Confidential, compassionate, and experienced legal help.

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Getting a Good Immigration Consultant

Choosing the right immigration consultant is essential. You should feel comfortable, respected, and understood regarding your sexual orientation, gender identity or expression, sex characteristics (SOGIESC), or HIV status.

Being honest about your experiences and situation helps your consultant build the strongest possible claim. At LMRT Immigration Services, we specialize in LGBTQIA+ refugee claims and have extensive experience representing diverse clients. Feel free to ask us about our previous LGBTQIA+ cases, we are committed to your safety and dignity.

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Completing Refugee Claim Forms

Refugee claim forms, including the critical Basis of Claim (BOC) form, detail your reasons for seeking refuge in Canada. Our team at LMRT provides comprehensive assistance in preparing these crucial documents, ensuring clarity, accuracy, and compelling evidence of your need for protection.

Preparing for Your Refugee Hearing

While waiting for your hearing, you’ll gather and prepare evidence to support your claim:

  • Proof of identity (passport, national ID), as well as evidence related to your sexual orientation, gender identity, or expression.
  • Documentation or evidence demonstrating the risk of persecution you would face upon returning to your home country.

LMRT Immigration Services helps you compile, translate, and submit these documents to the Immigration and Refugee Board (IRB), ensuring they are submitted at least 10 days before your hearing.

Your Refugee Hearing

When your hearing date is set, LMRT Immigration Services will thoroughly prepare you. Our experienced immigration consultants will represent you before the Refugee Protection Division (RPD). During the hearing, you’ll answer questions about your identity, your fears of returning home, and your safety within your country of origin. An interpreter can be arranged if needed. The decision may be given immediately or mailed to you later.

After Your Hearing

  • Approved Claims: Once you receive a positive decision, LMRT assists you in applying for Permanent Residency.
  • If Denied: We offer vigorous appeal representation before the Refugee Appeal Division (RAD) or Federal Court.

If You Are Already in Canada

If you are in Canada as a visitor, student, or worker and fear returning to your home country, you can check your eligibility to make a refugee claim through the Canadian Refugee Protection Portal. LMRT recommends contacting our team before initiating the claim to ensure legal accuracy and maximize your chances of success.

Accessing Professional Representation

While legal aid services might offer limited assistance, LMRT Immigration Services provides comprehensive, top-notch support and representation. Our personalized approach ensures your case receives the dedicated attention required for a successful refugee claim.

Submitting Your Refugee Claim Online

LMRT Immigration Services will assist you in submitting your refugee claim online. Upon submission, you will receive acknowledgment and Interim Federal Health Program (IFHP) coverage. We’ll also guide you through any required medical examinations.

Eligibility Interview with IRCC

You might be required to attend an eligibility interview at Immigration, Refugees, and Citizenship Canada (IRCC). LMRT prepares you to answer the IRCC officer’s questions effectively, protecting your rights and privacy as an LGBTQIA+ or HIV+ claimant. Your eligibility determination doesn’t decide your refugee status, but it is a crucial step toward your claim.

If You Are Yet to Arrive in Canada

Detention:

Canadian Border Services Agency (CBSA) officers can detain asylum seekers lacking sufficient identity documents or due to security concerns. If detained, immediately inform the duty counsel provided to you that your claim involves SOGIESC persecution.

Arriving at a Land Border (Safe Third Country Agreement)

Due to the Safe Third Country Agreement between Canada and the United States, refugee claims cannot usually be made at the US-Canada land border. However, exceptions include:

  • Having a close family member in Canada (with proof).
  • Being an unaccompanied minor (under 18).

LMRT Immigration Services can evaluate if these exceptions apply to your circumstances and help navigate alternative options like the Pre-Removal Risk Assessment (PRRA).

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Begin Your Journey to Safety

LMRT Immigration Services is here to support you at every step. Contact us today for confidential, professional, and compassionate assistance with your LGBTQIA+ refugee claim.

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Frequently Asked Questions

What is the available LGBTQ asylum approval rate data in Canada?

Pay attention to the wrong information you would get on google when you search this question. We did our research to validate search results and we concluded the following:

1- When you use the term โ€œLGBTQ asylum approval rate Canada 2022โ€ the AI answer on google is โ€œIn 2022, Canada accepted 61% of asylum claims, including those based on sexual orientation and gender identity, while rejecting 39%.โ€ But when validating provided links to find out if this is correct or not, we found that it is wrong. There is no public information anywhere about the acceptance rate of LGBTQ asylum seekers in Canada.

2- When looking for โ€œLGBTQ asylum approval rate Canadaโ€ the short answer provided by google AI is โ€œBetween 2013 and 2015, Canada approved approximately 70% of asylum claims based on sexual orientation, a rate higher than the overall refugee grant rate of 62.5%โ€. Again, we looked for any official report about it and followed provided links. There is no official information about acceptance rate for LGBTQ asylum applications.

3- We did extensive research and found that Canada recognizes persecution based on sexual orientation and gender identity as valid grounds for asylum. However, specific acceptance rates for LGBTQ+ asylum claims over the past five years are not publicly available. The Immigration and Refugee Board of Canada (IRB) publishes comprehensive statistics on refugee claims, including data by country of alleged persecution, but does not categorize claims based on the claimant’s sexual orientation or gender identity.

4- The only report available is about 2013 to 2015 which says the following: โ€œSome 2,234 refugees claimed asylum in Canada on the basis of their sexual orientation between 2013 and 2015, according to Prof. Rehaag. Of those claims, 70.5 per cent were successful โ€“ a figure higher than the overall grant rate to all refugees of 62.5 per cent. Fraudulent claims remain extremely rare: just 2.2 per cent of all refugee claims were declared to have no credible basis or to be fraudulent in 2013, Prof. Rehaag said. Canada’s new guidelines are a step in the right direction. Still, it remains incredibly difficult to fairly determine a person’s sexual orientation. In other cases, the homophobic attacks are so gruesome that Canadian decision makers find them implausible โ€“ and the claimant not credible as a result.

Reference

Can LGBT Americans apply for asylum in Canada?

Yes, LGBT Americans can apply for asylum in Canada if they have a well-founded fear of persecution based on their sexual orientation or gender identity, as Canada recognizes membership in a particular social group, including LGBTQ+ people, as grounds for refugee protection.

How to apply for LGBTQ asylum in Canada online?

To apply for asylum in Canada as an LGBTQ+ individual, you must first be in Canada and then submit your refugee claim online through the IRCC Portal, ensuring your Basis of Claim form accurately reflects your fear of persecution based on your sexual orientation or gender identity.

On what grounds are LGBT asylum claims in Canada?

In Canada, LGBT asylum claims are recognized under the grounds of “membership in a particular social group” and require demonstrating a well-founded fear of persecution based on sexual orientation, gender identity, or gender expression, and the inability to seek protection in their home country. In other words, to be recognised as a refugee, applicants must convince decision-makers of the genuineness of their sexual orientation or gender identity, their fear of persecution because of this identity, and the lack of protection in their country.

How to seek asylum as gay in Canada?

Being gay falls under “membership in a particular social group”. You can seek asylum if you are in Canada. You must demonstrate a well-founded fear of persecution based on your sexual orientation (being gay), including a lack of protection in your home country, and follow the asylum application process, which involves submitting a Basis of Claim (BOC) form and attending an interview.

How to seek asylum as lesbian in Canada?

To claim asylum in Canada as a lesbian, you’ll need to prove a well-founded fear of persecution due to your sexual orientation, such as facing violence, arrest, discrimination, or social exclusion because of relationships or attraction to women. Clearly illustrate your personal experiences with detailed accounts, credible supporting documents like witness testimonies, psychological evaluations, or reports highlighting anti-lesbian laws and practices in your country. Canada recognizes lesbians explicitly as belonging to a protected “particular social group” under refugee laws. For the best chance of success, it’s strongly advised to seek expert guidance from a qualified immigration consultant skilled in LGBTQ+ asylum cases.

How to seek asylum as bisexual woman in Canada?

To seek asylum in Canada as a bisexual woman, you must demonstrate fear of persecution specifically due to your attraction to women, such as threats, violence, social isolation, or legal penalties enforced in your home country. Clearly document experiences of persecution related to same-sex relationships or attraction, through personal narratives, credible witness statements, psychological evaluations, or supporting letters from LGBTQ+ organizations. Canada explicitly recognizes persecution based on sexual orientation under refugee law, protecting bisexual women as members of a “particular social group.” Seek professional support from a qualified immigration consultant experienced in LGBTQ+ asylum to effectively present your claim.

How to seek asylum as bisexual man in Canada?

To seek asylum in Canada as a bisexual man, you must demonstrate a genuine fear of persecution directly related to your attraction to both men and women, including threats, violence, imprisonment, or social rejection in your home country. Clearly document your bisexual identity with personal accounts of persecution, credible testimonies, psychological evaluations, or affidavits from LGBTQ+ groups familiar with bisexual-specific stigma. Canada explicitly recognizes bisexuality under refugee law, categorizing bisexual men as part of a protected “particular social group.” Consider obtaining professional support from a qualified immigration consultant experienced in LGBTQ+ asylum cases to effectively present your claim.

How to seek asylum as transgender in Canada?

To seek asylum in Canada as a transgender person, you must prove fear of persecution due to your gender identity, such as violence, discrimination, or criminalization in your home country. Clearly document your transgender identity through medical or psychological records, affidavits from LGBTQ+ organizations, or personal testimonies. Canada explicitly recognizes transgender claims under refugee protection laws, classifying gender identity persecution as belonging to a “particular social group.” It’s advisable to seek specialized professional assistance to navigate your claim effectively.

How to apply for LGBTQ asylum in Canada online?

To apply for asylum in Canada as an LGBTQ+ individual, you must first be in Canada and then submit your refugee claim online through the IRCC Portal, ensuring your Basis of Claim form accurately reflects your fear of persecution based on your sexual orientation or gender identity.

Canada offers several organizations dedicated to assisting LGBTQ+ asylum seekers:โ€‹

  • Rainbow Refugee Society[1]: Based in Vancouver, this community group supports individuals seeking refugee protection in Canada due to persecution based on sexual orientation, gender identity, gender expression, or HIV status. They facilitate sponsorships and provide resettlement assistance.
  • Rainbow Railroad[2]: Operating out of Toronto and New York City, Rainbow Railroad helps LGBTQI+ individuals escape state-sponsored violence worldwide. They offer emergency relocation assistance and have supported thousands since their inception. โ€‹
  • AGIR Montrรฉal[3]: Serving the greater Montrรฉal area, AGIR supports LGBTQIA+ migrants and refugees through individual assistance, community-building activities, and educational programs. They cater to members from over 45 countries in multiple languages. โ€‹
  • MCC Toronto LGBTQ+ Refugee Programs[4]: The Metropolitan Community Church of Toronto offers programs to help LGBTQ+ refugees, claimants, and newcomers find safety and community in Canada. They provide support for those who have faced discrimination or persecution based on their sexual orientation or gender identity. โ€‹
  • The 519’s Among Friends Program[5]: Located in Toronto, The 519 offers “Among Friends,” a weekly program designed for LGBTQ+ refugee claimants. It provides a safe space to connect, build friendships, and access vital information on settlement topics.
  • Capital Rainbow Refuge[6]: Based in Eastern Ontario, this volunteer-led organization assists LGBTQI+ refugees and newcomers through sponsorship groups, advocacy, community building, and outreach efforts to help them thrive in Canada. โ€‹

These organizations offer a range of services, including legal assistance, sponsorship, community support, and advocacy, tailored to the unique needs of LGBTQ+ asylum seekers in Canada.


[1] https://www.rainbowrefugee.com/

[2] https://www.rainbowrailroad.org/

[3] https://agirmontreal.org/en/

[4] https://www.mcctoronto.com/lgbtq-refugee-programs/

[5] https://www.the519.org/programs/among-friends-lgbtq-refugee-support-group/

[6] https://capitalrainbow.ca/

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