Related in Qnews: Social networks like Facebook can help LGBT refugees in Canada prove their claims 4-Aug-08

Last week MP Thomas Mulcair exploded at hecklers in the Commons and later shed tears at a news conference after Immigration Minister Diane Finley refused to allow Canada's latest gay refugee claimant Kulenthiran Amirthalingam stay in the country on compassionate grounds. He later told the Montreal Gazette that he had seen a disturbing video depicting the kind of brutal punishment gay men receive in Malaysia, including strapping a naked man until raw flesh was exposed.

Amirthalingam, who is now back in Malaysia where he spent time in jail for being gay, was declared not credible by the one-adjudicator panel. He joined a growing list of refugee claimants who have been rejected because they can't prove they are gay.

Amnesty International is keeping an eye on Amirthalingam but a spokeswoman says even if he is thrown back in jail the odds of him getting help from Canada are slim.

"Where a person is being persecuted for their very identity they should be granted protection, but it often is not the case here," said Gloria Nafziger, a refugee co-ordinator for the organization. "If the testimony is not credible everything goes out the door."

Michael Battista, a Toronto lawyer who has expertise in dealing with gay and lesbian refugee claims, says the problem is there is no consistency of analysis. If claimants have pictures of themselves at a gay pride parade, proof of participating in online gay-chat rooms or witnesses who can testify they have had gay partners, then the adjudicator has some evidence.

But there are no clear guidelines to follow if the applicant has little proof.

"We have guidelines for gender (and) race, but for the last 17 or so years that (gay and lesbian) claimants have been seeking refugee status there have been no guidelines for sexual orientation," said Battista.

Battista said he has seen cases rejected because the person had children or was married.

"Saying that this is not how a gay or lesbian person would behave is a stereotype," he said.

Those who flee to Canada to seek refuge face one very tough question in Canada: How can you prove that you are gay?

With no witnesses, photographs, love-letters or other documents indicating a gay lifestyle, refugees are often left showing up before the refugee board acting flamboyant or acting on other gay stereotypes.

"This is silly and demeaning," says Suhail Abualsameed, who works with Supporting Our Youth, an organization that helps young gay immigrants and refugees in Toronto. "Not all (gay people) are like this," he said.

Social workers send Abualsameed young refugees and he helps them get involved in the gay community by meeting people and having relationships to build a portfolio of documented proof.

"I was at a refugee hearing and the judge was grilling me saying how do you know he is gay? And I say I have seen him go to gay activities."

"How do I know, short of me having sex with them? I can only tell them what I see."

But often witnesses and letters are dismissed as hearsay and claimants are accused of fabricating lies to stay in Canada.

"I've seen (adjudicators) who are very clearly homophobic," said Abualsameed. "They are trained to be unbiased but they don't always adhere to the principles we expect."

A spokesman for the Immigration and Refugee Board insists that adjudicators are trained to minimize stereotypes.

"Our training makes members aware that they must avoid stereotypes or mannerisms or types of speech," said Stephane Malepart.

"It's difficult because there is no uniform way they act on their sexual orientation."

Malepart could not say why sexual orientation did not have its own set of guidelines but rather falls under "other particular social group."

"I can't comment on that because it would mean that the law needs to be changed."

In Canada a refugee falls into categories grouped as religion, nationality or membership of a particular social group or political opinion.

It is the "particular social group" that experts feel should be expanded to a separate category for sexual orientation.

Full article: Gay refugees have difficulty proving they're gay