Critics say Canada’s new immigration and border law endangers LGBTQ+ people

Canada's new border law is putting LGBTQ+ refugees at risk of being sent back to countries where they face persecution, according to an advocacy group. Rainbow Railroad, which assists LGBTQ+ refugees coming to Canada and the U.S., expressed concern over the federal government's new legislation, citing potential risks to individuals seeking asylum.

Devon Matthews, Rainbow Railroad's chief program officer, highlighted worries about the organization's working relationship with Ottawa, especially as the government reduces refugee admissions and cuts funding. A significant concern is the new law's requirement that refugee claims must be filed within one year of a claimant's first arrival in Canada. Matthews stated this technicality doesn't account for reasons why someone might have waited or why they don't meet the one-year deadline.

One former Middle Eastern international student, who lived openly as a gay man in Canada, finds himself in limbo due to the law. He filed a refugee claim after photos from his time in Canada put him at risk upon his return home. However, his claim was declared ineligible under the new border law, C-12, because he studied in Canada for two and a half years starting in 2022.

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It has nothing to do with the reasons why someone may have waited or why someone doesn’t meet the one-year bar. It actually is purely just a technical eligibility requirement that doesn’t serve to actually give the opportunity for the person to speak to the intricacies of why they may have had to wait.

The former student, whose name and home country are withheld due to risks to his family, explained the severe danger he faces. "When you get discovered as a LGBTQ person, that’s it, that’s the end of your life," he said. He described how discovery could lead to arrest, social ostracization, and severe repercussions for his family. He fled his home country to avoid spending his life in jail or facing ruin.

His refugee claim had been progressing smoothly and was approved for file review, a less intensive examination for low-risk cases. The situation highlights a tension between Canada's commitment to human rights and the practical implications of its immigration policies, particularly for vulnerable populations like LGBTQ+ refugees.

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When you get discovered as a LGBTQ person, that’s it, that’s the end of your life. You can’t work, you can be arrested in your home. And of course, the scandal for the family, because it’s not something that’s accepted. So I ran because if that happened, I would spend my life in jail. Or even if they didn’t put me in jail for a long time, that’s it for my career, that’s it for my life.