Canada's new refugee law puts LGBTQ+ asylum seekers in danger

Canada's new immigration law is putting LGBTQ+ refugees at risk of being sent back to countries where they face persecution, according to advocacy groups helping queer asylum seekers.

The federal government's border law, which took effect June 13, 2026, requires that refugee claims be made within a year of first arriving in Canada. The rule has no exceptions for people who needed time to find safety, gather documents, or disclose their sexual orientation or gender identity.

"It has nothing to do with the reasons why someone may have waited or why someone doesn't meet the one-year bar," said Devon Matthews, Rainbow Railroad's chief program officer. "It actually is purely just a technical eligibility requirement that doesn't serve to actually give the opportunity for the person to speak to the intricacies of why they may have had to wait."

A former Middle Eastern international student now faces deportation under the new rule. He came to Canada in 2022 to study and lived openly as a gay man. After returning home, photos of his time in Canada leaked on social media, putting his safety at risk. When he filed for refugee status, he was told his claim was ineligible because he studied here for two-and-a-half years before applying.

Several Middle Eastern countries have morality laws that punish LGBTQ+ people with prison terms. "When you get discovered as a LGBTQ person, that's it, that's the end of your life," the student told The Canadian Press. "You can't work, you can be arrested in your home. And of course, the scandal for the family, because it's not something that's accepted."

About 30,000 people received letters saying their refugee claim may no longer be eligible under the new law. Rainbow Railroad is concerned the federal government is simultaneously reducing the number of refugees it admits and cutting the organization's funding.