Earlier this week, Prime Minister Mark Carney and Members of Parliament from various political parties came together to raise the Pride flag on Parliament Hill, symbolizing support for LGBTQ rights. However, an advocacy group known as Rainbow Railroad, which assists LGBTQ refugees seeking asylum in Canada and the U.S., has expressed serious concerns regarding the Canadian federal government's new border law. The organization argues that this legislation jeopardizes the safety of vulnerable individuals by potentially sending them back to their home countries where they face persecution.
Devon Matthews, Rainbow Railroad's chief program officer, emphasized the troubling nature of the government's recent changes. Matthews lamented the reduction in the number of refugees the country admits and highlighted significant funding cuts to their organization. A pivotal point of contention is the new law, which mandates that refugee claims must be submitted within one year of a claimant's initial arrival in Canada. Matthews remarked, “It has nothing to do with the reasons why someone may have waited or why someone doesn’t meet the one-year bar,” underscoring the inflexibility of this requirement.
Among those affected by this policy change is a former Middle Eastern international student who lived openly as a gay man in Canada. After returning to his home country, he discovered that compromising photos from his time in Canada had been exposed, leading to substantial threats against his safety. Although he was in Canada for two-and-a-half years beginning in 2022 and filed a refugee claim seeking asylum, he learned that his claim has been rendered ineligible under the new border law, identified as C-12.
This individual, who has requested anonymity due to risks for his family still living in his home country, detailed the dire circumstances LGBTQ individuals face in many Middle Eastern nations, where laws criminalize their existence. He stated, “When you get discovered as a LGBTQ person, that’s it, that’s the end of your life. You can’t work, you can be arrested in your home.” The fear of imprisonment or severe societal repercussions becomes a driving force behind his need to seek refuge in Canada.
He explained that his refugee claim was initially moving smoothly, having been approved for file review, a process generally reserved for low-risk claims. However, after the enactment of C-12, he, along with approximately 30,000 others, received notifications indicating that their claims were potentially ineligible due to the new law's restrictions. The one-year rule applies retroactively to individuals who first entered Canada after June 24, 2020, making it difficult for those who may not have been ready to file sooner based on their circumstances.
While claims deemed ineligible won't be processed by the Immigration and Refugee Board (IRB), claimants like him can still pursue a pre-removal risk assessment (PRRA). Unfortunately, the historical approval rate for PRRAs is low and represents a challenging path for asylum seekers. Incidentally, Immigration Minister Lena Diab spoke to the Senate committee, arguing that the one-year rule was introduced partly to mitigate the misuse of asylum claims by individuals seeking to extend their stay in Canada beyond the expiration of temporary visas.
Suzy Newing, the former student's lawyer, is challenging her client's ineligibility based on constitutional grounds, asserting their right to an oral hearing—which is not guaranteed in the PRRA process—and invoking anti-discrimination provisions. Newing described several possible scenarios that may lead LGBTQ individuals to delay filing their claims, ranging from internal struggles with their sexual orientation to fear of social repercussions once they come out.
As cases like this gain traction, several Federal Court challenges concerning the one-year rule have emerged, with judges anticipated to make broad rulings regarding its constitutionality. The Middle Eastern refugee claimant now faces a waiting game for either the PRRA or a court decision that will determine his future in Canada.
The claimant conveyed feelings of betrayal and fear towards a system he believed would protect him. “Now I feel like I’ve been attacked by everyone, by the government, by the Canadian people,” he stated, emphasizing the dire consequences of being sent back to a perilous situation. Matthews reported that Rainbow Railroad has seen an unprecedented surge in requests for assistance, with over 20,000 inquiries in 2025 alone, representing a 51% increase from the previous year. In light of this alarming trend, Matthews indicated that the organization is considering amplifying its activism to advocate for the rights and safety of LGBTQ refugees in Canada.
