For many years, LGBTQIA+ refugee claimants in Canada were subject to harmful stereotypes and inconsistent decision-making. Guideline 9 aims to address these problems by providing consistent, respectful, and trauma-informed standards for adjudicating refugee claims based on SOGIESC.
Key principles of Guideline 9 include:
- • Respect for Diversity: Acknowledges that sexual orientation and gender identity exist on a spectrum and may not conform to Western expectations or terminology.
- • Non-Linear Disclosure: Recognizes that many LGBTQIA+ people do not “come out” in a single moment or linear fashion, and delays in disclosing identity should not automatically undermine credibility.
- • Trauma-Informed Approach: Encourages board members to consider how trauma, fear, and cultural context may affect a claimant’s ability to recall details or present evidence.
- • Avoiding Stereotypes: Instructs decision-makers not to rely on outdated or Western-centric stereotypes about how LGBTQIA+ people should look, act, or speak.
- • Intersectionality: Reminds the IRB to consider how other factors—such as race, religion, class, age, or disability—interact with a person’s SOGIESC and influence their experience of harm.
- • Private Harm Can Be Persecution: Clarifies that violence or threats from family, community members, or non-state actors can be grounds for refugee protection if the state is unwilling or unable to protect the person.
- • No Requirement to Hide: Affirms that claimants should not be expected to hide their identity in order to be safe. For example, suggesting that a gay man could return to his country and “act straight” is not a valid reason to deny protection.
Guideline 9 is not optional—it must be applied in all IRB proceedings involving SOGIESC-related claims.
Learn more: Guideline 9 – Full Text (IRB)
