car .This was after they encountered series of unfortunate experiences including unforeseen
transportation hiccups, discrimination, unlawful arrest en route. Days prior to the incident at the
point of entry, Khalil and Henry had visited Algeria to meet Khalil’s family .The couple was
returning back to Toronto, Canada, where Khalid was a student at York University –Glendon
Campus while Henry was residing in Canada on a work permit.
The Refugee Protection Division is known to protect refugees such as Khalil who do not
wish to go back to their countries of origin due to valid provable issues1. Khalil wishes to
permanently distance himself from the borders of Algeria, where he had previously faced
discrimination, unlawful arrest, infringement of his rights, inhumane treatment among other
heinous acts on account of his sexual orientation.. As a homosexual, the Algerian legislations
stripped Khalil off his basic rights and this made his life in Algeria unbearable .Algeria is a
homophobic nation and in the country, homosexuality is a criminal offence punishable by
imprisonment of up to two years and can necessitate as a monetary fine. Canada is one of the
highly ranked gay friendly states and over the years has attracted a lot number of homosexuals
seeking refuge from discrimination and ill treatment from their places of residence, work or
origin.2
The restrictions in Algeria denied Khalil the liberty to comfortably and openly come out
to his family and friends3. He had to keep his relationships secret resulting to sneaking up, hiding
and relocating to unfamiliar places for his security and happiness.
1 Immigration and Refugee Protection Regulations (SOR/2002-227)
2 Arbel, Efrat, and Alletta Brenner. "Bordering on failure: Canada-US border policy and the
politics of refugee exclusion." (2014).
3 Lomba, Sylvie da. "Legal status and refugee integration: A UK perspective." Journal of
Refugee Studies 23, no. 4 (2010): 415-436.

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