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Civil Rights and Discrimination Commons

Open Access. Powered by Scholars. Published by Universities.®

Human Rights Law

Osgoode Hall Law School of York University

2023

Gender

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Transgender Erasure: Barriers Facing Transgender Refugees In Canada, Sean Rehaag, Alexandra Verman Jan 2023

Transgender Erasure: Barriers Facing Transgender Refugees In Canada, Sean Rehaag, Alexandra Verman

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This paper explores the experiences of transgender refugee claimants in Canada’s refugee status determination system, using mixed methods: quantitative analysis of data obtained from the Immigration and Refugee Board (IRB), reviews of published and unpublished decisions, country condition documentation packages and IRB guidelines, as well as interviews with refugee lawyers. Using these methods, we explore how credibility arises in transgender refugee claims, noting the impact of medicalization and country conditions materials on transgender claims, and drawing parallels between medical gatekeeping and credibility assessments in refugee claims. We identify potential explanations for low recorded numbers of transgender claims as rooted in …