Immigration and Refugee Board of Canada Announces New Guideline on Proceedings Involving Sexual Orientation and Gender Identity and Expression

New guidelines for gender expression, orientation and identity for immagration

The Chairperson of the IRB announced today that Guideline 9: Proceedings before the IRB Involving Sexual Orientation and Gender Identity and Expression is in effect as of May 1, 2017.

The purpose of this Guideline is to promote greater understanding of cases involving sexual orientation and gender identity and expression (SOGIE) and the harm individuals may face due to their non-conformity with socially accepted SOGIE norms. This Guideline addresses the particular challenges individuals with diverse SOGIE may face in presenting their cases before the IRB and establishes guiding principles for decision-makers in adjudicating cases involving SOGIE.

 

Quotes

“I would like to particularly acknowledge that Guideline 9 has been dedicated to the memory of the late Professor Nicole LaViolette of the University of Ottawa Faculty of Law, whose work significantly informed and inspired the development of the Guideline.”

Mario Dion, – Chairperson, Immigration and Refugee Board of Canada

“I am confident that this new Guideline will promote a greater understanding of the diversity and complexity of the situation of individuals with diverse SOGIE; establish guiding principles for decision-makers in adjudicating cases involving SOGIE; and provide parties with a clearer understanding as to what to expect when appearing before the IRB.”

Mario Dion, – Chairperson, Immigration and Refugee Board of Canada

Quick Facts

  • Development of Guideline 9 was informed by input from internal and external consultations; existing training materials on this topic; a review of academic research and approaches by other organizations; and a review of relevant jurisprudence.
  • Guideline 9 applies to all four divisions of the IRB, namely, the Immigration Division, the Immigration Appeal Division, the Refugee Protection Division, and the Refugee Appeal Division.

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