NLGJA Insight

By Jared Grigsby
Insight Staff Writer

Imagine that after years of hiding your sexuality from everyone you know, it was demanded that you prove yourself gay to government authorities to begin a new life in a new country. Gay refugees seeking asylum in Canada to escape persecution by their home governments are asked to do just that and are sometimes unsuccessful, placing their lives in greater danger.

“A lot of newcomers don’t know how to prove they are gay by North American standards,” said Aamer E., project coordinator for Among Friends, a gay refugee rights group. He also mentioned the lack of rainbow flags and what would be considered “gay clothing” owned by refugees.

Among Friends is a program to improve access to services for lesbian, gay, bisexual, trans, and queer refugees and immigrants in Toronto. The group also helps refugees seek safety in Canada from their home countries.

Aamer said all refugees making a claim have to address two or three specific areas for consideration to stay in Canada. Claimants must: explain why they chose Canada; detail the level of persecution they will face if they stay in their home countries; and prove their sexuality, if that’s grounds for the claim.

How does one prove his or her sexuality?

“You have to have pictures,” Aamer said. “Go to the gay bar, take pictures with the drag queen. Dress gay. All of the things that we on the street would identify … as gay.”

Aamer said he and other Canadians see one big flaw with this process of proving one’s sexuality, “It’s based on assumption and stereotypes,” he said.

However, Stéphane Malépart, senior communications advisor for the Immigration and Refugee Board of Canada, said review board members “receive specific training on how to handle refugee protection claims based on sexual orientation” that includes “warning against stereotyping.”

Refugees can also present love letters or e-mails from past same-sex lovers, testimony from past same-sex partners and testimony from family to prove their sexuality.

This type of evidence is often missing because of its sensitive nature in a country that could imprison or kill a person for his or her homosexual lifestyle, Aamer said.

The decision about one’s sexuality is ultimately decided by one judge who sifts through the evidence presented.

“Each case is decided specifically and impartially based on the claimant’s testimony, the documentary evidence provided by the claimant and the living conditions in the country of origin,” Malépart said in an e-mail.

But as the claimant is standing before the judge, Aamer believes that it is a snap decision about the person’s sexuality based upon appearance.

The most recent gay refugee claimant to be returned to his home country was Kulenthiran Amirthalingam, who was sent back to Malaysia in March 2008 after the judge declared his homosexuality was not credible.

Legal experts in Canada say that because of the unclear guidelines for proving one’s sexuality, the Canadian Refugee Board needs to establish clearer standards on sexual orientation.

Some people seeking asylum in Canada try to get in by falsely claiming they’re gay, Aamer said, making scrutiny by the refugee board more strict.

“The people making honest claims end up getting messed up in this process,” Aamer said.