THE GOVERNMENT OF CANADA &THE GOVERNMENT OF THE UNITED STATES OF AMERICA
(Hereinafter referred to as “the Parties”)

CONSIDERING that Canada is a party to the 1951 Convention relating to the Status of Refugees, done at Geneva, July 28, 1951 (the “Convention”), and the Protocol Relating to the Status of Refugees, done at New York, January 31, 1967 (the “Protocol”), that the United States is a party to the Protocol, and reaffirming their obligation to provide protection for refugees on their territory in accordance with these instruments.

ACKNOWLEDGING in particular the international legal obligations of the Parties under the principle of non-refoulement set forth in the Convention and Protocol, as well as the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, done at New York, December 10, 1984 (the “Torture Convention”) and reaffirming their mutual obligations to promote and protect human rights and fundamental freedoms.

RECOGNIZING and respecting the obligations of each Party under its immigration laws and policies.

EMPHASIZING that the United States and Canada offer generous systems of refugee protection, recalling both countries’ traditions of assistance to refugees and displaced persons abroad, consistent with the principles of international solidarity that underpin the international refugee protection system, and committed to the notion that cooperation and burden-sharing with respect to refugee status claimants can be enhanced.

DESIRING to uphold asylum as an indispensable instrument of the international protection of refugees, and resolved to strengthen the integrity of that institution and the public support on which it depends.

NOTING that refugee status claimants may arrive at the Canadian or United States land border directly from the other Party’s territory where they could have found effective protection.

CONVINCED, in keeping with advice from the United Nations High Commissioner for Refugees (UNHCR) and its Executive Committee, that agreements among states may enhance the international protection of refugees by promoting the orderly handling of asylum applications by the responsible party and the principle of burden-sharing.

AWARE that such sharing of responsibility must ensure in practice that persons in need of international protection are identified and that the possibility of indirect breaches of the fundamental principle of non-refoulement are avoided, and therefore determined to safeguard for each refugee status claimant eligible to pursue a refugee status claim who comes within their jurisdiction, access to a full and fair refugee status determination procedure as a means to guarantee that the protections of the Convention, the Protocol, and the Torture Convention are effectively afforded.

Marginalization and Social Alienation: Marginalization is at the core of exclusion from fulfilling and full social lives at individual, interpersonal and societal levels. People who are marginalized have relatively little control over their lives and the resources available to them; they may become stigmatized and are often at the receiving end of negative public attitudes. Their opportunities to make social contributions may be limited and they may develop low self-confidence and self esteem and may become isolated.

Social policies and practices may mean they have relatively limited access to valued social resources such as education and health services, housing, income, leisure activities and work. The impacts of marginalization, in terms of social exclusion, are similar, whatever the origins and processes of marginalization, irrespective of whether these are to be located in social attitudes (such as towards impairment, sexuality, ethnicity and so on) or social circumstance (such as closure of workplaces, absence of affordable housing and so on). LGBT individuals may experience multiple forms of marginalization-such as racism, sexism, poverty or other factors – alongside homophobia or transphobia that have a negative impact on mental health. The stigma attached to sexual orientation and gender identity or expression that fall outside the expected heterosexual, non-transgender norm relegates many LGBT people to the margins of society. This marginalization often excludes LGBT people from many support structures, often including their own families, leaving them with little access to services many others take for granted, such as medical care, justice and legal services, and education. Marginalization and bias around sexual orientation and gender identity and expression regularly prevent LGBT people from accessing fundamental public services such as health care and housing and contributes to significant health disparities.

Marginalization of LGBT people often starts with the family into which they were born. According to one study, approximately 30 percent of LGBT youth in the U.S. have been physically abused by family members because of their sexual orientation, gender or expression. In addition to this, LGBT youth are estimated to comprise up to 40 percent of the homeless population in the U.S. The familial marginalization of LGBT youth hinders initial prevention and education efforts, encourages risk-taking behavior that can lead to HIV infection, and places obstacles in the way of receiving proper medical treatment and psychosocial support for LGBT youth already living with HIV/AIDS. Moreover, lacking other means of support, many LGBT youth are forced to turn to criminalized activities such as sex work to survive, which drives them further onto the margins of society and can expose them to greatly elevated risk for HIV.

• Dropping out of school earlier
• Leaving Home and Family
• Unable to find regular jobs, have less options than others.
• Being ignored in the community and isolated
• Unable to access various services and Unaware of what they are entitled to
• Lack of family and social support Migrate to other countries for seeking safer livelihood and acceptance
• Rejected from Religion (esp) Muslim and some Christian Fundamentalist sects)
• Attempt suicide
• Decide to follow their parents to marry opposite sex and then divorce

• CITRN deal with PRAA. ARC. Removals, Deportation, and detention reviews
• Screen potential claimants to determine the genuineness of the claim
• Consult and advise on the programme
• Apply for temporary visa for the applicant to Canada to make the claim
• Prepare a specific list of documentation to support the claim with the Immigration and Refugee board.
• Represent the client at the hearing by the immigration and refugee board
• Represent the applicant with his permanent resident process

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