We have grave concerns about the injustice and harm caused to LGBT refugees designated as irregular arrivals under Bill C-31. Agents may be the only way LGBT asylum seekers can escape persecution, given that neighbouring countries are often unequally safe. In some regions of the world there is no safe haven for LGBT asylum seekers, so overseas refugee protection is not an option.
Consider the experience of one of our members, Adil, a gay man from an east African country that criminalizes homosexuality. If he fled to Kenya, a nearby country, he would face at least an eight-year wait for resettlement, while trying to survive in a country that has a 10-year prison sentence for homosexuality, and having to hide in camps or remain destitute in a city. UNHCR officials, typically locals, are not trusted and are often not trained in sexual orientation or gender identity decisions. We are working with overseas refugees from countries that publicly execute gay men. The UNHCR accepted that they were gay, and nonetheless denied their claims for protection.
Going back to Adil, an agent agreed to take him to Europe. Instead, Adil ended up in South America, where he was forced to work as a farm labourer. Over several months his work crew was moved north. They were eventually dropped off just over the Canadian border with $20 cash each. They went their separate ways. The mode of arrival says nothing about whether someone is a genuine refugee or not.
Adil found his way to a church, and the pastor helped him start a refugee claim. However, Adil was not able to disclose the reasons why he feared persecution. It was only after several meetings with his lawyer that he felt enough trust to say that he was gay.