A trans woman does not believe she would have been able to stay in Canada if the refugee rules outlined in the government's new border bill were in effect.
Asya Medea came to Canada in 2018 on a student visa to begin a PhD in gender, sexuality and women's studies at Toronto's York University. Due to a combination of worsening health conditions and growing danger for LGBTQ+ people in Turkey, Medea filed a refugee claim about 18 months after arriving.
"Turkey had become increasingly transphobic and the regulations in Turkey had begun specifically and personally targeting people, including me. So back in that time, I didn't have any other option," Medea said.
"So my conditions and the conditions in Turkey, made me a refugee."
Medea said her refugee application was approved in 2020 and she now has permanent residency.
Bill C-12 will bar the Immigration and Refugee Board of Canada from hearing refugee claims from individuals who have been in Canada for more than a year. This one year period is retroactive to June 24, 2020.
An immigration official told the House of Commons immigration committee Thursday that June 24, 2020 is the date Canada's entry and exit system came online, so it's the beginning of concrete data showing how long someone has been in the country.
Immigration Minister Lena Diab has said people who've been in Canada for more than a year and are looking to make a refugee claim could still request a pre-removal risk assessment.
Evidence presented at an immigration hearing in 2022 suggests only about six per cent those assessments result in permission to stay in Canada.
Medea runs a non-profit called LuBunTO that helps LGBTQ+ newcomers. She said she's heard from several people that had been in Canada for longer than a year and applied for refugee status after June 24, 2020 and now don't know if they will be able to stay.
"My community members are kind of asking, 'hey, what's going to happen to my case' because like they applied after 2020. And then I cannot say anything for sure because (the bill's) not passed yet," she said.
Picture Courtesy: THE CANADIAN PRESS/Handout — Asya Medea