Refugee Queerings: Sexuality, Identity and Place in Canadian Refugee Determination
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REFUGEE QUEERINGS: SEXUALITY, IDENTITY AND PLACE IN CANADIAN REFUGEE DETERMINATION Robert S. L. Lidstone B.A. (Hons), The University of Western Ontario, 2003 THESIS SUBMllTED IN PARTIAL FULFILLMENT OF THE REQUIREMENTS FOR THE DEGREE OF MASTER OF ARTS In the Department of Geography O Robert Lidstone 2006 SIMON FRASER UNIVERSITY Spring 2006 All rights reserved. This work may not be reproduced in whole or in part, by photocopy or other means, without permission of the author . Refugee Queerings 11 APPROVAL Name: Robert Scott 1,orne Lidstone Degree: Master of Arts Title of Thesis: Refugee Queerings: Sexuality, Identity and E'lace in Canadian Refugee Status Determination Examining Committee: Chair: Dr. R.B. Horsfall, Assistant Professor -- - Dr. J. Hyndman, Associate Professor Senior Supervisor Department of Geography, SFU -- Dr. N.K. Blomley, Professor Committee Member -- Dr. Michael Brown, Associate Professor Department of Geography, University of Washington External Examiner Date Approved: January 19, 2006 SIMON FRASER &&3V UIUI~ER~ITYIibra ry DECLARATION OF PARTIAL COPYRIGHT LICENCE The author, whose copyright is declared on the title page of this work, has granted to Simon Fraser University the right to lend this thesis, project or extended essay to users of the Simon Fraser University Library, and to make partial or single copies only for such users or in response to a request from the library of any other university, or other educational institution, on its own behalf or for one of its users. 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The original Partial Copyright Licence attesting to these terms, and signed by this author, may be found in the original bound copy of this work, retained in the Sinion Fraser University Archive. Simon Fraser University Library Burnaby, BC, Canada STATEMENT OF ETHICS APPROVAL The author, whose name appears on the title page of this work, has obtained, for the research described in this work, either: (a) Human research ethics approval from the Simon Fraser University Office of Research Ethics, (b) Advance approval of the animal care protocol from the University Animal Care Committee of Simon Fraser University; or has conducted the research (c) as a co-investigator, in a research project approved in advance, (d) as a member of a course approved in advance for minimal risk human research, by the Office of Research Ethics. A copy of the approval letter has been filed at the Theses Office of the Univers~ty Library at the time of submission of this thesis or project. The original application for approval and letter of approval are filed with the relevant offices. Inquiries may be directed to those authorities. Simon Fraser University Library Burnaby, BC, Canada ABSTRACT Over the past decade, the Immigration and Refugee Board (IRB) of Canada has granted asylum to several thousand refugee claimants on the basis of sexual orientation. To receive refugee status, claimants must demonstrate "membership in a particular social group" - homosexuals - and a future likelihood of persecution for this reason. Drawing from interviews, media and government texts, and observation of refugee determination hearings, I examine the geographical imaginations shaping asylum decision-making, and consider how identity and place are articulated and assessed in refugee determination proceedings. Often predicated upon essentialized, heteronormative and ethnocentric representations of sexuality and spacelplace, analyses of sexual orientation-based asylum cases must be queered in the interests of promoting a more just and humane refugee system. I contend that the scale of the body, as well as differences of gender, sexuality, race, nationality, and class, should be foregrounded in considering the security of sexual dissidents. DEDICATION To the Rainbow Refugee Committee of Vancouver and its participants, who consistently provided me with valuable insights into the refugee claims process, bravely shared difficult stories, and warmly included me in the group's activities. ACKNOWLEDGEMENTS My sincere gratitude goes to the refugee claimants who courageously allowed me to observe hearings and pose questions on sensitive and deeply personal topics, in some cases while they remained in the precarious position of awaiting a decision on refugee status. I also thank the refugee lawyers and one immigration consultant for their forthright and thoughtful comments on the refugee determination process. Jennifer Hyndman, my principal supervisor, has provided me with invaluable intellectual, practical and personal guidance during my time at Simon Fraser, for which I am deeply grateful. I thank Nick Blomley for his careful and well-considered thoughts on earlier drafts, and for offering much needed understanding and encouragement at some pivotal moments. Michael Brown's stimulating and challenging questions as external examiner brought fresh and productive ideas to my perspective on the topic. Thanks to Adrienne Burk for a truly compelling and useful introduction to geographical ideas in my first semester, and for crucial moral support along the way to my completion. I thank my family and friends for their continued faith and love, as well as their interest in my research. Fellow graduate students Rini, Jesse, Sean, James, Kathy, Julie, Leah and Lindsay were wonderful classmates, colleagues and friends. I acknowledge the financial support of a C. D. Nelson Memorial Graduate Scholarship from Simon Fraser University, and a Canada Graduate Scholar:ship from the Social Sciences and Humanities Research Council of Canada. TABLE OF CONTENTS Approval .......................................................................................................................ii ... Abstract ...................................................................................................................... 111 Dedication.................................................................................................................... iv Acknowledgements..................................................................................... ............... v Table of Contents ........................................................................................................vi Chapter One. Introduction: Queer Bodies and Boundaries ...................................... 1 Research Problem and Rationale ............................................................................... 6 Research Questions ...................................................................................................7 Outline of the Thesis ...................................................................................................9 Chapter Two . Literature Review: Placing Queer(s) in Motion ................................. 11 Sexuality Studies: Queer Identities. Spaces and Politics ........................................12 Migration and Refugee Studies ................................................................................ 19 Legal Studies ............................................................................................................22 Queering Migration and Asylum ...............................................................................28 Conclusion ...............................................................................................................34 Chapter Three . Queer Research Positions: Methodological Approaches and Themes .......................................................................................................................35 Methods ...................................................................................................................36 Interviews ..............................................................................................................36 Observation of Refugee Determination Proceedings .............................................37 Documentary Sources ...........................................................................................38 Participant Observation with the RRC ....................................................................40 Analysis of Qualitative Data ................................................................................... 41 So. Are You Gay?: Identity. Positionality and Research 'Outings' .............................41 Gender and Gender Identity ..................................................................................42 Class. Race and National Citizenship .................................................................... 44 Research 'Outings' ................................................................................................45