LGBT claimants report that IRB still requires excessive evidence of self-identification. For example, in one case, the IRB spontaneously asked to examine a claimant's cellphone for proof of communication on a gay relationship mobile app. In another case, social media pictures with opposite-sex individuals were seen as disproving a claim on gay sexuality.
These experiences are both humiliating and wrong-headed. In countries that still criminalize non-heteronormative sexualities and gender expression, it is often too risky to self-identify, and having an opposite-sex partner is often a mask, or a perceived cure, for homosexuality.
IRB members have also requested police records as proof of homophobic attacks. However, LGBT people in many countries distrust the police. When they do report homophobic attacks, they can be implicated in illegal same-sex activity.
There's also the unfounded belief that Canada's LGBT refugee process is the easiest way to get asylum and is therefore being abused—that is, if you say you're gay, you get to stay. However, to date the IRB has only found 3% of LGBT refugee claims to lack credibility. This is hardly an epidemic of abuse.
To ensure that IRB officers improve their cultural competency and fairly assess LGBT refugee claimants, we therefore recommend three things.
The first is multi-day LGBT sensitivity training for IRB members that engages individuals from refugee-sourced countries who have lived experience. The second is meaningful dialogue between the IRB and agencies and lawyers serving LGBT refugees to establish clearer guidelines and expectations. The third is an opportunity for claimants and/or counsel to provide post-hearing feedback that can improve IRB members' questioning and not adversely affect claims.
Canada cannot and must not compound the worldwide discrimination against LGBTQI people while simultaneously touting our human rights track record. The time is now for meaningful IRB reflection and reform.
Thank you.