"[1] In order to gain refugee status in Canada, an individual must demonstrate that they are at risk of being persecuted and unable to seek protection from their home country.
[1] In 1991, Canada became one of the first Western nations to grant refugee status due to persecution based on sexual orientation.
[1] In 2004, The Globe and Mail reported that between 2001 and 2004, almost 2,500 GSM/LGBT asylum seekers made claims based on sexual or gender orientation.
To apply for refugee status, the asylum seeker must first establish a well-founded fear of persecution and be unable to obtain protection from their country of nationality.
[6] The persecution must be due to reasons of race, religion, nationality, membership of a particular social group or political opinion.
Persecution, according to LaVolette (2014), is defined as "harm feared [to] be serious and that it be inflicted in a persistent, repetitive or systematic way.
"[1] Documents are generated, reviewed, and assessed by members of the IRB to determine if the asylum seeker meets the criteria of "refugee" outlined in the 1951 Convention, the 1967 Protocol, and the Canadian Government’s policy.
[7] Once all the documentation is filed, the next step the applicant undergoes is the hearing, where a member of the RPD will decide whether or not the case meets the standard for refugee.
[7] The refugee cannot appeal if they meet specific criteria i.e. if they are designated foreign national, or the "RPD’s decision says that the claim has no credible basis or is manifestly unfounded.
They argue that homophobia and transphobia can be so entrenched in societal structures that individuals are unable to seek help when facing violence or threats from their local law enforcement.
[1][2][14] Current research indicates a homonationalistic stance of the Canadian government towards LGBT and sexual minority refugees and asylum seekers.
[1][15][3] Homonationalism refers to Jasbir Paur's 2007 concept of "a privileged relationship between post-9/11 American nationalism and a particular raced, classed, and gendered formation of gay identity in opposition to the threat of racialized others.
The progress of recognizing one’s ideas begins in childhood and background, then sexual experiences and desires during adolescence and adulthood prior to their migration.
[2][13][15] The Western narrative emphasizes the linear process of discovering the refugee’s sexual identity, where their background and childhood experiences leads to the recognition during adolescence and adulthood.
[1] In some cases, when friends and family are not familiar with the individual's orientation, it can increase the risk of the refugee request being denied.
Rehagg argues that the bisexual refugee experience can be looked at in two ways: They are invisible in their home state and they have low success rates.