Evaluation of the SOGIE refugee claim and hearing process: July 2017
Abstract
Sexual orientation and gender identity or expression (SOGIE) refugees face discriminatory and harsh experiences in the refugee claimant and hearing process in Canada. Additionally, SOGIE refugees face higher risks, barriers and vulnerability than some other refugee groups. After Bill C-31 (Protecting Canada’s Immigration Act) was passed in 2012, the Immigrant and Refugee Board of Canada (IRB) was responsible for determining which SOGIE refugee claims were ‘authentic’ or not, despite little knowledge on the 2SLGBTQ+ community. The IRB recently released guidelines to improve this practice. This policy brief describes the state of SOGIE refugees in Alberta and Canada, challenges the group faces, and the efficacy of the new guidelines for the SOGIE refugee claim process.
Notes
Future research / gaps identified
- Evaluate the current impact of the new IRB guidelines
- Develop, implement and evaluate recommended policy changes
Integration timeline: pre-arrival, during refugee claim process
Key findings
- Between application and the hearing, Albertan SOGIE refugees cannot use subsidized legal aid; experience barriers to housing and services; experience social isolation; and receive ineffective professional psychological support.
- The refugee hearing process is unnecessarily traumatizing / re-traumatizing for SOGIE refugees
- Stereotypical and discriminatory ideas of the 2SLGBTQ+ community are used during SOGIE refugee hearings
Key populations: SOGIE (sexual orientation and gender identity or expression) refugees in Alberta, and Canada more broadly
Key recommendations
Future areas of policy reform should include:
- Remove reference letters from the claim process
- Make circumstances of arrival to Canada irrelevant to the decision making process
- Provide mandatory training for adjudicators
- Train legal aid lawyers
- Expand hearing process to have multiple adjudicators per case
Community organizations: AAISA
Location: Alberta
Open access: Yes
