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Asylum based on sexual orientation

Pilar001

Newbie
Nov 23, 2018
3
0
My husband and I want to seek for asylum in Canada.
1. We are legally married with twins aged 3years old.
2. We are both gay. I am a full pledge lesbian,while husband is more or less bisexual. We both got married due to family and societal pressures on both our sides.
3. We are both Nigerians,being gay is a serious offence. 14 years imprisonment, that is if you escape mob action before you are charge to court of law. So because of this,I really keep my lesbian relationships extremely private. No video and no picture. I don't want to risk the picture getting into wrong hands and be released on the internet.
4. We already have visitor's Visa to Canada as a family since early this year.
5. How can we go about it? We want to come to Canada to claim asylum but I am afraid of being rejected.
6. Do we filed for the asylum together or we should file individually?
7. Although we are still living together as husband and wife but we have different relationships with different people in secret. But our family and friends still see us as husband and wife.
 

scylla

VIP Member
Jun 8, 2010
92,538
20,357
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
I would hire a good immigration lawyer in Canada to help you with your case before you apply for asylum. Your case is complex since you are married and have a child. There is a risk / danger that it may be perceived you are fabricating your story to obtain PR in Canada. A lawyer will be in the best position to assist you in putting your case together, assessing if you have the evidence needed, and telling you what your chances are of success.

Have you looked at all into the Express Entry economic immigration program to see if you qualify? If you have the right education / work experience, that would be a much faster path and pretty much guaranteed (if you have enough points to be selected).
 

Pilar001

Newbie
Nov 23, 2018
3
0
I would hire a good immigration lawyer in Canada to help you with your case before you apply for asylum. Your case is complex since you are married and have a child. There is a risk / danger that it may be perceived you are fabricating your story to obtain PR in Canada. A lawyer will be in the best position to assist you in putting your case together, assessing if you have the evidence needed, and telling you what your chances are of success.

Have you looked at all into the Express Entry economic immigration program to see if you qualify? If you have the right education / work experience, that would be a much faster path and pretty much guaranteed (if you have enough points to be selected).
Thank you for your prompt reply.
Yes,I don't mind engaging a good immigration lawyer. I equal wouldn't mind if you or anyone can suggest/ recommend a good immigration lawyer.

The Express entry is based on point system, our age and level of education has drop our points,so we do not qualify for this.
 

zardoz

VIP Member
Feb 2, 2013
13,304
2,166
Canada
Category........
FAM
Visa Office......
London
App. Filed.......
16-02-2013
VISA ISSUED...
31-07-2013
LANDED..........
09-11-2013
Thank you for your prompt reply.
Yes,I don't mind engaging a good immigration lawyer. I equal wouldn't mind if you or anyone can suggest/ recommend a good immigration lawyer.

The Express entry is based on point system, our age and level of education has drop our points,so we do not qualify for this.
How about approaching the lawyers that run this forum and they will be able to advise...
 

Pilar001

Newbie
Nov 23, 2018
3
0
How about approaching the lawyers that run this forum and they will be able to advise...
Thank you. I just join this forum today so I do not really know my way around this site yet. But can i contact then through the "contact us" page?
 

zardoz

VIP Member
Feb 2, 2013
13,304
2,166
Canada
Category........
FAM
Visa Office......
London
App. Filed.......
16-02-2013
VISA ISSUED...
31-07-2013
LANDED..........
09-11-2013
Thank you. I just join this forum today so I do not really know my way around this site yet. But can i contact then through the "contact us" page?
That would be a good start.
 

canuck78

VIP Member
Jun 18, 2017
52,959
12,758
As many people have pointed out this case is going to be challenging. Unfortunately many of the claims from West Africa have claimed sexual orientation as their reason for asylum. Bisexuality in particular with similar stories. Many are not actually part of the LGBTQ community and have been coached. Expect a lot of suspicion if you file a claim.
 

jerrymsigwa

Full Member
Jun 21, 2018
48
1
As many people have pointed out this case is going to be challenging. Unfortunately many of the claims from West Africa have claimed sexual orientation as their reason for asylum. Bisexuality in particular with similar stories. Many are not actually part of the LGBTQ community and have been coached. Expect a lot of suspicion if you file a claim.
What about other parts of Africa?
 

canuck78

VIP Member
Jun 18, 2017
52,959
12,758
What about other parts of Africa?
Being part of the LGBTQ community is a reason that people claim asylum from all over the world. A very large percentage of the asylum seekers in Canada have come from west Africa in the past 2 years and many of the reasons for asylum have been too similar so there has been more scrutiny to try and eliminate any fraud.
 

Yelsew

Star Member
Apr 24, 2013
196
24
London, ON
I know a gay man from Nigeria who came to Canada with his wife and two young children. They received a positive decision earlier this year. Ditto for a gay single mother from Nigeria and her child. So it can be done, if you have convincing evidence. But as others here have said, there has been a big increase in refugee claims from Nigeria (not necessarily all based on sexual orientation, but certainly many of them), so expect close scrutiny of your claim. These stats from IRB covering the first nine months of 2018 show that there have been far more referrals from Nigerians than any other country in the world (over 8,000).

https://irb-cisr.gc.ca/en/statistics/protection/Pages/RPDStat2018.aspx
 
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mgnlky

Champion Member
Jan 22, 2016
1,558
275
Vancouver
Category........
FSW
Visa Office......
Ottawa
NOC Code......
1122
Pre-Assessed..
Yes
App. Filed.......
22-12-2016
AOR Received.
22-12-2016
Med's Done....
04-11-2016
Passport Req..
22-3-2017
LANDED..........
04-09-2017
Do you have any sort of evidence to back up your claim? I know you stated no videos or pictures, but do you have cards, letters, anything of the sort that shows you've have relationships with women? or your husband with men? I would think this will be critical to proving your claim to Immigration.
 

jerrymsigwa

Full Member
Jun 21, 2018
48
1
Just being a Nigeria raises doubt when it comes to gay/lesbian issue, I can see you need a stronger evidence to prove your claims.Just note that for 2017 the number of Nigerians seek refugee status in Canada was about 8,000+ higher than any other nation on Earth. You better calculate your plan well before being entangled in the process of seeking the refugee status.
 

jerrymsigwa

Full Member
Jun 21, 2018
48
1
Do you have any sort of evidence to back up your claim? I know you stated no videos or pictures, but do you have cards, letters, anything of the sort that shows you've have relationships with women? or your husband with men? I would think this will be critical to proving your claim to Immigration.
Probably he/she has a copy of police summons, court decision order etc..I think that would help to justify the issue. Any governmental order or action towards gays in your country?