MAKING AN ASYLUM CLAIM IN CANADA — SUPPORTING THE LGBTQ+ COMMUNITY
Zia Waseer
Waseer Law Office
Canada supports equity, diversity, and inclusion principles related to the human rights of lesbian, gay, bisexual, transgender, queer, 2-spirit and intersex (LGBTQ2I) people. Everyone should enjoy the same fundamental human rights, regardless of their sexual orientation and their gender identity and expression.
People face violence, discrimination, and harassment because of their gender identity or expression, or sexual orientation. The victims of hate-crimes include, and are not limited to, arbitrary arrest, torture, physical attacks, assault, murder, or sexual assault.
Article 1 of the Universal Declaration of Human Rights declares that, “all human beings are born free and equal in dignity and rights.” Article 2 declares, “Everyone is entitled to all the rights and freedoms set forth in this Declaration.”
On April 8, 2025, the United States government revoked the legal status for over 900,000 migrants who entered the U.S. under the Biden-era administration. The CBP One app formerly enabled people to make appointments at a port of entry, and were often permitted to make a claim for asylum and granted a temporary work authorization. The Trump administration has started issuing notices to migrants inviting them to initiate self-deportation, while cancelling existing appointments.
Further, the United States Code, Section 7301 of Title 5, ordered on January 20, 2025, denies transgender people legal recognition, recognizing only two sexes, male and female. Sex markers in passports issued by the United States will only reflect the male “M” or female “F” marker that matches the person’s biological sex at birth, refusing to recognize the former “X” marker. This new policy is divisive, discriminatory, and goes against the Universal Declaration of Human Rights.
On February 4, 2025, the Canadian Council for Refugees called for Canada’s withdrawal from the Safe Third Country Agreement (STCA), given the dire situation facing refugees in the United States. The Secretary General of Amnesty International Canada’s English-speaking section, Ketty Nivyabandi, states:
“President Trump’s extreme anti-immigrant and anti-asylum orders are designed to install fear and make the U.S. dangerously more unsafe for those seeking protection…Canada’s assertion that the United States remains a safe country for refugees under the Trump administration is a cruel irony to those fleeing persecution today. It must be urgently rescinded, and tariff threats must not blur the plight of those at immediate risk.”
President of the Canadian Council for Refugees, Diana Gallego, states:
“The so-called safety valves the Supreme Court is referring to are illusory and cannot offer real protection to people who today are more at risk than ever if sent back to the U.S… for example, a trans refugee approaching the border today can expect to be sent directly back to the U.S. without being offered any recourse, even though the U.S. government has been ordered to deny the person’s very identity.”
Pursuant to Article 6 of the STCA, Canada may admit any refugee claimants, “where it determines that it is in the public interest to do so.” Conjointly, the Canadian Council for Refugees and Amnesty International Canada believe that it is in the public interest to admit all claimants whose rights and dignity are not protected in the U.S., and this includes members of the LGBTQ2I community.
Refugee claimants seeking safety and protection in Canada may make a claim based on the grounds of persecution related to race, nationality, religion, a particular social group, or political opinion.
📅 Need Help with Your LGBTQ+ Asylum Claim?
If you would like assistance in making your asylum claim, please schedule an appointment with our office. Any and all of your disclosure is private and confidential. The appointment is available online or in person. If you need an interpreter, we encourage you to bring someone with you, whom you are most comfortable with.
