How to make an LGBTQ+ refugee claim in Canada

Canada has become a world leader in the protection of LGBTQ+ rights, including protections for refugee claims based on sexual orientation and/or gender identity and expression. However these types of claims often present unique challenges. For example, how does one prove sexual orientation and/or gender identity when a refugee does not have documents to do this? 

Below is a summary of common tips to know when making a claim in this area. 

• Know the terminology: You will come across the term “SOGIESC” or “SOGIE”. This refers to the “Sexual Orientation, Gender Identities and Expressions and Sex Characteristics”. The term is utilized by the IRCC and IRB when referring to LGBTQ+ claimants. 

• Focus your story on your identity: Your narrative should focus on you and your identity – you don’t need to detail every part of your sexual history to establish a SOGIE claim. Instead, you should focus on your formative memories, how you discovered your sexual orientation or gender identity/expression, individuals or relationships that were meaningful to you, experiences of those around you with similar identities, the reaction of your family/friends/peers, why you chose Canada, and any other information that relays your story. 

• Gather evidence or explain why you have no evidence: Evidence that supports your SOGIE claim can include letters of support from family/friends/partners that verify your identity and any events in your narrative that they have firsthand knowledge of. It may also include documentation such as police reports or medical reports that corroborate your narrative. Not all claimants will have access to these forms of evidence if they have been hiding their identity. We understand that there may not be anyone that can provide a letter of support. Do your best to gather any information you can that supports the events described in your narrative which relate to your SOGIE claim.  

• Address inconsistencies: Your credibility as a witness is of utmost importance during your refugee hearing, just like with any other claimant. For SOGIE claims, this means that you must be prepared to address any inconsistent information regarding your sexual orientation or gender identity/expression. This may include the fluidity of your identity, where you might have previously identified with a different sexual orientation or gender expression and had a relationship that reflected this.  

• Make sure your identity is respected: At every stage of the refugee process, you should be referred to with your chosen name, preferred pronouns, and the sexual orientation and/or gender identity that you identify with. You can inform your lawyer if your documentation does not match your preferred name or gender. Your identity deserves respect; you and your lawyer should make sure that is the case in every interaction during this process. For more information on terminology and instructions provided to Refugee Board Members, you can refer to the SOGIESC Guidelines.