Canada is globally recognized for its unwavering commitment to equity, diversity, and inclusion, particularly regarding the rights of lesbian, gay, bisexual, transgender, queer, 2-spirit, and intersex (LGBTQ2I) individuals. Everyone, irrespective of their sexual orientation or gender identity, deserves to enjoy fundamental human rights without discrimination or fear.

Why LGBTQ+ Individuals Seek Asylum

Globally, LGBTQ+ individuals frequently face severe persecution, violence, and discrimination. Common forms of persecution include:

• Arbitrary arrests

• Torture and inhumane treatment

• Physical and sexual assaults

• Threats and murders

Such persecution directly violates Articles 1 and 2 of the Universal Declaration of Human Rights, which affirm equality, dignity, and rights for all humans.

Recent Changes Impacting LGBTQ+ Migrants in the U.S.

Recent developments in the United States have significantly endangered LGBTQ+ migrants:

• On April 8, 2025, the U.S. revoked legal status for over 900,000 migrants initially allowed temporary asylum under the Biden administration. Migrants previously enabled by the CBP One app to seek asylum and work authorization are now being invited to self-deport.

• On January 20, 2025, the U.S. introduced a policy under Section 7301, Title 5 of the United States Code, recognizing only male and female sexes, removing the “X” marker from passports, directly impacting transgender individuals.

These discriminatory policies have amplified the vulnerability and urgency of LGBTQ+ migrants seeking protection.

Canada’s Response and the Safe Third Country Agreement (STCA)

In response, the Canadian Council for Refugees, supported by Amnesty International Canada, called for Canada to withdraw from the Safe Third Country Agreement (STCA) due to the increased risks refugees face in the U.S.

Ketty Nivyabandi, Secretary General of Amnesty International Canada, highlighted:

“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 It must be urgently rescinded, and tariff threats must not blur the plight of those at immediate risk.” as Reported by Amnesity International.

Diana Gallego, President of the Canadian Council for Refugees, emphasized:

“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.” as Reported by Amnesity International.

Under Article 6 of the STCA, Canada can admit refugees when it aligns with public interest, especially crucial for LGBTQ+ individuals whose safety cannot be guaranteed in the U.S.

Claiming Asylum in Canada as LGBTQ+

Canada’s immigration laws explicitly recognize persecution based on sexual orientation and gender identity as valid grounds for asylum claims. To successfully apply, individuals should:

• Clearly establish the persecution faced or feared based on their sexual orientation or gender identity.

• Provide credible documentation, including personal testimonies, medical or psychological reports, and evidence of discrimination or threats.

• Seek assistance from experienced immigration lawyers who specialize in LGBTQ+ asylum cases, such as Waseer Law Office.

How Waseer Law Office Can Help

At Waseer Law Office, we understand the unique challenges faced by LGBTQ+ asylum seekers. Our experienced immigration lawyers offer compassionate and comprehensive support to:

• Guide through each step of the asylum claim process.

• Prepare and present robust documentation and evidence.

• Advocate strongly in legal proceedings to ensure the protection of your rights.

Book your consultaion today to enjoy your fundamental human rights without discrimination or fear.