Expedited LGBTQ+ immigration pathways

AI summary

Petitioners ask Canada to create expedited immigration pathways and expand humanitarian consideration for LGBTQ+ people facing systemic discrimination or threats, and to publicly reaffirm Canada as their safe haven. The government responds that Canada already offers resettlement, referrals, expedited processing and case-by-case humanitarian review.

AI summaries describe petitioners’ requests and claims. Consult the official record for the full text.

Official petition

Petition to the House of Commons in Parliament assembled Canada has a proud tradition of leadership in advancing and protecting the rights of LGBTQ+ people both domestically and internationally; LGBTQ+ communities around the world, including in advanced democracies, are experiencing new restrictions on civil rights, with transgender individuals in particular facing loss of healthcare access, public recognition, and protections from discrimination; Recent reporting has documented a surge in LGBTQ+ people seeking refuge in Canada due to restrictive policies, even in friendly nations, including bans on gender-affirming care, limitations on recognition of transgender identities, and other measures that undermine civil rights; Existing Canadian immigration pathways do not always respond quickly or effectively to situations where LGBTQ+ people may face escalating risks, even in countries generally regarded as safe; and A proactive and humanitarian approach would reaffirm Canada’s global commitment to diversity, inclusion, and human rights. We, the undersigned, residents of Canada, call upon the Government of Canada to: 1. Create dedicated and expedited immigration pathways for LGBTQ+ individuals who face systemic discrimination, loss of rights, or threats to safety in their countries of residence; 2. Expand the use of humanitarian and compassionate grounds in immigration decisions where LGBTQ+ rights are under direct attack; and 3. Publicly reaffirm Canada’s role as a safe haven for LGBTQ+ people worldwide, ensuring that Canadian immigration policy reflects this commitment. 1. Create dedicated and expedited immigration pathways for LGBTQ+ individuals who face systemic discrimination, loss of rights, or threats to safety in their countries of residence; 2. Expand the use of humanitarian and compassionate grounds in immigration decisions where LGBTQ+ rights are under direct attack; and 3. Publicly reaffirm Canada’s role as a safe haven for LGBTQ+ people worldwide, ensuring that Canadian immigration policy reflects this commitment.

Government response

Response by the Minister of Immigration, Refugees and Citizenship Signed by Peter Fragiskatos, M.P. Canada has made ongoing and significant efforts to provide pathways to protection to lesbian, gay, bisexual, trans, queer, and intersex (LGBTQI+) refugees and other vulnerable people around the world. Individuals in a number of countries around the world experience serious human rights abuses and other forms of persecution due to their actual or perceived sexual orientation, gender identity, gender expression, or sex characteristics (SOGIESC). Individuals fleeing persecution for reasons related to their SOGIESC can qualify as refugees under the 1951 Refugee Convention, specifically as members of a particular social group. In addition to being a reason for persecution under the Convention, SOGIESC can also be an added layer of vulnerability for refugees who fled due to persecution under other grounds. Canada has a proud history of protecting and resettling those who are most in need of resettlement, including LGBTQI+ refugees and their families. Immigration, Refugees and Citizenship Canada (IRCC) relies primarily on the United Nations Refugee Agency (UNHCR), as well as other recognized referral organizations, to refer individuals in need of resettlement under the Government-Assisted Refugees (GAR) Program, including those who have been persecuted on the basis of their SOGIESC. Canada also works closely with the LGBTQI+ community in Canada, including Rainbow Railroad to help more at risk LGBTQI+ individuals and their families come to Canada as GARs. The partnership with Rainbow Railroad, which provides Canada with referral for 250 LGBTQI+ persons annually, is in addition to LGBTQI+ refugees referred to Canada by the UNHCR and other referral organizations. This also provides an example for other resettlement countries who are seeking to provide protection for the LGBTQI+ community. Canadian migration officers will assess a resettlement applicant’s vulnerability in their country of asylum to determine if the applicant requires expedited processing. This may include individuals whose legal or physical safety is at risk due to their SOGIESC. Additionally, UNHCR can refer clients to IRCC within the Urgent Protection Program, which was designed to provide rapid resettlement for refugees in urgent need of protection if they are facing immediate risks. Canada also supports LGBTQI+ refugees through the Private Sponsorship of Refugees program. This includes the Rainbow Refugee Assistance Partnership, which assists Canadians and permanent residents in privately sponsoring LGBTQI+ refugees fleeing violence and persecution abroad for resettlement to Canada. Canada works with the Rainbow Refugee Society to support the sponsorship of up to 50 LGBTQI+ refugees each year, with the Government of Canada providing start-up costs and three months of income support. Private sponsors provide an additional nine months of income support to these newcomer refugees and their families. Canada recently renewed this partnership to the end of 2029. With respect to adjudication of asylum claims, the Immigration and Refugee Board of Canada (IRB) determines if a claimant has a well-founded fear of persecution based on race, religion, political opinion, nationality or membership in social groups, including due to their actual or perceived SOGIESC, and will also consider factors such as the availability of state protection and internal flight alternatives within their country (IRB’s guidelines here). The IRB also determines if a claimant would personally be subject to a danger of torture, a risk to their life, or a risk of cruel and unusual treatment or punishment. Finally, LGBTQI+ individuals may also request humanitarian and compassionate consideration as part of an application for most permanent residence pathways. Requests are reviewed on a case-by-case basis, taking into consideration any factors raised by the applicant, including discrimination based on SOGIESC.