Abstract
Scholars note that immigration in North America and Western Europe has been heavily regulated by heteronormative and patriarchal norms which have historically denied immigration to lesbian, gay, bisexual, trans, and queer (LGBTQ) couples. While the research regarding how LGBTQ individuals navigate the immigration process in Canada has increased, there remains little investigation into the asylum experiences of LGBTQ couples who file jointly. This is a serious oversight, as a significant number of asylum claims are joint claims by LGBTQ refugee couples. This chapter questions the reasoning behind the challenges to queer refugee couples’ claims during the migration and asylum process and argues that it is the intersection of gender and sexuality behind the vulnerability of queer asylum claimants both within their countries of origin and when they are seeking asylum. The chapter focuses on narratives of two queer refugee couples who made joint claims in Vancouver, British Columbia. I follow their experiences prior to migrating to Canada through their asylum hearing. Their stories reveal underlying heteronormative and culturally-biased institutional and social barriers LGBTQ refugee couples face in escaping persecution and having both their relationships and need for asylum recognized by the Immigration and Refugee Board of Canada.
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Notes
- 1.
I use the term significant partners to refer to individuals who have a sexual and/or romantic relationship together.
- 2.
All names have been changed.
- 3.
I do not list nor name explicitly the participants’ country of origin in order to protect their confidentiality. This means that I cannot give specific statistics, such as reported crimes or population numbers because it would run the risk of identifying the specific country.
- 4.
Rainbow Refugee is a volunteer organization based in Vancouver, B.C. that works to assist those claiming asylum in Canada on the basis of sexual orientation, gender identity, and HIV status. I have volunteered as a settlement worker for Rainbow Refugee for more than 3 years. My work involves reaching out to asylum seekers, guiding them through the asylum process, helping them find needed resources, serving as an expert witness for asylum hearings, writing letters of support, and serving as an observer for their hearings. For more information on Rainbow Refugee: http://www.rainbowrefugee.ca/.
- 5.
Trans refers to individuals who do not associate or identify themselves with the gender assigned to them at birth. Trans is an umbrella term for gender nonconforming and gender variant individuals.
- 6.
This research focuses on only those that make asylum claims within Canada (in-state), instead of those claiming out of state at a United Nations Refugee Agency (UNHCR) and then being relocated to Canada.
- 7.
Heteronormativity refers to the assumption that individuals are naturally heterosexual and that most individuals are heterosexual. Heterosexuality is seen as the norm. Those who are not heterosexual are seen as deviant.
- 8.
Claimants coming from DCOs can still make appeals in the Canadian Federal Court; however, the process is much longer and the success rate is not high.
- 9.
I deliberately use the term undocumented rather than illegal. in this research because it allows me to problematize the way that the Canadian state places migratory individuals into categories of legitimacy and non-legitimacy. Undocumented also allows me to show the heterogeneity of migration and break apart the essentialized and racist depiction of the illegal migrant. By taking a political stance in using the term undocumented, I am saying that migration in itself is not illegal. It is the Canadian state that determines and regulates who can settle legally. This regulation is based on a hierarchy of racial, class, and gender norms as well as the global apartheid of migration that allows the mobility of some and creates immobility for others (De Genova 2010).
- 10.
For more information about First Contact, please visit the Red Cross’s website: http://www.redcross.ca/how-we-help/migrant-and-refugee-services/first-contact/first-contact-vancouver.
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Fobear, K. (2019). “Wherever We Would Go, We Would Be Together” The Challenges for Queer Refugee Couples Claiming Joint Asylum in Canada. In: Güler, A., Shevtsova, M., Venturi, D. (eds) LGBTI Asylum Seekers and Refugees from a Legal and Political Perspective. Springer, Cham. https://doi.org/10.1007/978-3-319-91905-8_12
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