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Osgoode Hall Law School of York University

2008

Immigration Law

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Patrolling The Borders Of Sexual Orientation: Bisexual Refugee Claims In Canada, Sean Rehaag Jan 2008

Patrolling The Borders Of Sexual Orientation: Bisexual Refugee Claims In Canada, Sean Rehaag

Articles & Book Chapters

Canada’s current definition of a refugee includes those facing persecution on account of sexual orientation. This article demonstrates that the success rates for sexual-minority refugee claims are similar to the success rates for traditional refugee claims. However, one subset of sexual-minority refugee claimants, those alleging a fear of persecution on account of bisexuality, is far less successful.

The author contends that a major cause of the difficulties bisexual refugee claimants encounter is the dominant understanding of sexual orientation as an innate and immutable personal characteristic. This view of sexual orientation underlies contemporary Canadian sexual-minority refugee law. The life experiences of …