Advocates say new immigration and border law puts LGBTQ+ people at risk

Canada's recent introduction of a new immigration and border law has sparked significant concern among advocates, particularly regarding the potential risks faced by LGBTQ+ individuals seeking refuge in the country. This controversy emerged amid a public display of solidarity with the LGBTQ+ community, as Prime Minister Mark Carney and members of other political parties raised the Pride flag on Parliament Hill. However, critics argue that the new legislation could endanger the lives of LGBTQ+ people by potentially leading to their deportation to countries where they might face persecution.

At the heart of the debate is the newly enacted border law, known as C-12, which imposes a strict one-year deadline for filing refugee claims following an individual's initial entry into Canada. According to Devon Matthews, chief program officer at Rainbow Railroad, an organization dedicated to assisting LGBTQ+ refugees, this rule fails to account for the complex circumstances that may delay a claim. She emphasized that the regulation is a "technical eligibility requirement" that does not allow claimants to explain their delayed filings, thereby undermining the very purpose of the refugee system.

One such individual affected by these changes is a former Middle Eastern international student who lived openly as a gay man in Canada. He shared his experience with The Canadian Press, revealing that he fled Canada after personal photos of his life there were discovered upon his return home, putting his safety at risk. Despite having studied in Canada for two-and-a-half years beginning in 2022, he now faces the possibility of being denied refugee status under C-12. His case highlights the broader implications of the law, as it leaves approximately 30,000 individuals in a precarious legal position.

This law applies to all refugee claims filed on or after June 3, 2025, and retroactively affects those who arrived in Canada on or after June 24, 2020. While these individuals are still eligible for a pre-removal risk assessment (PRRA), the process is known for its low approval rates, often serving as the sole avenue for appealing rejected claims. The PRRA is primarily conducted via written submissions, though interviews can be requested if additional information is needed.

Advocacy groups warn that the new law could result in the forced return of LGBTQ+ individuals to countries where they face severe penalties, including imprisonment under morality laws. In several Middle Eastern nations, being identified as LGBTQ+ can lead to criminal charges, significantly impacting both personal freedom and professional prospects. The former student described how his family would suffer social and economic consequences due to his sexual orientation, further complicating his decision to seek asylum.

As the debate over the new law intensifies, the government remains steadfast in its implementation, with Immigration Minister Lena Diab defending the changes during a Senate committee hearing. The ongoing discussions reflect a growing tension between national security concerns and the ethical obligations of protecting vulnerable populations, especially those fleeing persecution based on their identity. As the law takes effect, the impact on LGBTQ+ communities and the effectiveness of alternative support mechanisms will remain critical areas of focus for both advocates and policymakers.