Sexual Minorities, Migration, and the Remaining Boundaries of Canadian Immigration and Refugee Laws

Abstract

Canadian immigration and refugee laws have evolved significantly in the last twenty years; Canada now has some of the most lesbian, gay, bisexual and transgender (LGBT) friendly immigration and refugee legislation in the world. Sexual minorities facing persecution may make applications for refugee status through Canada’s inland refugee determination system or through the resettlement from abroad programs. Furthermore, reform of immigration laws has removed the bar to sponsoring gay and lesbian partners and LGBT immigrants can now obtain permanent resident status through family sponsorship. However, as outlined in this chapter, sexual minorities continue to encounter a specific set of challenges when they migrate and settle in Canada. Several of the most significant issues arise in relation to the application of the refugee and immigration systems. As a result, the extent to which LGBT refugees and same-sex binational couples can successfully migrate to and settle in Canada continues to be of concern.

Keywords: Refugees, LGBT, Sexual Minorities, Immigration, Canada