News Articles
Yahoo News - September 22 , 2025
Sarah Mikhail discusses LGBTQ+ Americans looking to claim asylum:
“At this point in time, we aren’t advising that Americans make asylum claims in Canada,”.[…] But she says that could change if Trump is able to use the power of the federal government to disrupt LGBT+ life in blue states and cities enough that they no longer function as safe havens.
“There are a lot of changes being floated that I think could contribute to this threshold being met... it’s being heavily discussed among refugee lawyers.”
“Asylum claims from U.S. citizens have jumped since Trump took office, figures show”
The Globe and Mail - August 27, 2025
Discussing the current situation in the United States for trans and non-binary individuals, Adrienne Smith states:
“We have also been contacted by several parents of trans children who are looking at their immigration options given concerns about their children’s well-being if they continue to live in the United States.”
The Globe and Mail - August 6, 2025
Sarah Mikhail discussing the changes to gender markers for NEXUS cards states:
“What we’re seeing here is an example of the wide reach of the discriminatory policies of the Trump administration targeting trans and non-binary people, now reaching and impacting Canadian citizens as well”
“Judge halts deportation of non-binary American in ruling after Trump’s gender edicts”
The Globe and Mail - July 16, 2025
Adrienne Smith, discussing Jenvel v MCI, 2025 FC 1178, states:
“[T]he Federal Court judge stopped their client’s removal from Canada in part because an immigration officer had failed to consider recent evidence about the conditions in the United States for trans and non-binary individuals when assessing the risk of being returned.”
“Toronto LGBTQ refugee lawyers see surge in American inquiries since Trump win”
Toronto Today - February 20, 2025
Adrienne Smith discusses LGBTQ+ Americans looking to move to Canada:
[T]he major concerns she hears from prospective clients are about an increased risk of physical violence and about accessing both gender-aligned government identification and gender-affirming care.
“He’s been in Canada since childhood. His family is allowed to stay, but he’s facing deportation”
CBC - September 6, 2023
Adrienne Smith discusses a rejected H&C decision with CBC:
Smith said the principle under Canadian immigration law is to keep families together and it's concerning to see a family with similar individual circumstances face inconsistencies in who gets approved and who gets denied.
"This raises a bigger issue of consistency and decision-making," she said.
“She gave birth 8 months ago but this permanent resident still can’t bring her baby to Canada”
CBC - June 9, 2022
When discussing the significant delays faced by Anu Seghal, Adrienne Smith states:
[C]ases like Sehgal's can create a vicious cycle: the more applicants follow up and inquire about their applications, the longer it can take to get them processed because immigration officials need to address those follow-ups, splitting their time between answering inquiries and getting applications processed.
She also says lawyers will look to federal court to intervene in especially egregious cases, which can strain resources even further.
Processing applications in a timely manner would "take the pressure off everyone," she says.
“Canada’s ban on adoptions unjustified, Pakistan says; leaves family desperate for change”
Global News - August 9, 2019
Adrienne Smith was interviewed regarding the difficulties faced by Canadian parents and their adoptive Pakistani child:
After an immigration officer made a mistake when denying the family’s application for the first time, lawyers for IRCC agreed to reconsider the case. But eight months later, their application was denied for a second time, with IRCC deciding Ayat’s best interests when applying to live in Canada did not outweigh the fact that Pakistan has not signed the UN Hague Convention.
This, Smith said, misses the point of the humanitarian request altogether. Denying Ayat entry to Canada because Pakistan has not signed a UN convention fails to address what is in Ayat’s best interest, she said.
“International student arrested, facing deportation for working too many hours”
Global News - May 13, 2019
Adrienne Smith discusses an international student facing deportation for working hours beyond their study permit:
While it’s not unusual for police to report suspected immigration breaches to the CBSA, Sandhu’s lawyers say the officer who arrested him went well beyond what they typically see from law enforcement.
“I’ve never seen a case where an OPP officer takes it upon themselves to do their own immigration investigation into whether someone is working the allotted hours under a student permit,” Adrienne Smith, one of Sandhu’s lawyers, said.
“Advocates demand Trudeau end unjust immigration law, call it a ‘black eye’ for Canada”
Global News - November 23, 2017
Adrienne Smith discusses the problematic “medical inadmissibility” and “excessive demand” provisions:
According to Smith and other immigration experts, this system unfairly targets persons with disabilities and their family members with the aim of preventing them from immigrating to Canada.
“Canada’s immigration minister considers scrapping discriminatory rules that reject immigrants”
Global News - November 22, 2017
Adrienne Smith discusses unfair medical inadmissibility provisions of the Immigration and Refugee Protection Act:
But Smith says if the law as currently written is unfair, changing it so that fewer people are discriminated against won’t be enough to address the problems the minister has identified.
“Even if one of the people that is caught by the excessive demand threshold – even if that one person is treated unfairly – then to me it’s an unfair law,” she said.
“Canada introduces gender neutral ‘X’ option on passports“
The Guardian - August 31, 2017
Adrienne Smith outlines potential dangers for individuals identifying as “X” on passports:
There are fears that those who identity as “X” may encounter issues when trying to enter other countries. “I’m really worried that in countries like Uganda and Jamaica, where being LGBT is illegal and there’s laws on the books that prosecute people for identifying as trans, that this could leave people open to arbitrary detention, it could leave them open to scrutiny at airports, degrading treatment.”
“Canada introduces gender neutral passport option”
Fox News - August 28, 2017
Adrienne Smith outlines potential dangers for individuals identifying as “X” on passports:
There are fears that those who identity as “X” may encounter issues when trying to enter other countries. “I’m really worried that in countries like Uganda and Jamaica, where being LGBT is illegal and there’s laws on the books that prosecute people for identifying as trans, that this could leave people open to arbitrary detention, it could leave them open to scrutiny at airports, degrading treatment.”
“Canada rejects hundreds of immigrants based on incomplete data”
Global News - July 4, 2017
Adrienne Smith discusses the problematic finding that IRCC was relying on incomplete data about social services spending in order to assess medical inadmissibility cases:
“[Immigration officers] treat that number as a very firm number, which means if it’s anything over [$6,655], then the person can be inadmissible,” Smith said, adding that she’s represented clients who’ve been found inadmissible for as little as $400 over the limit. “That number is everything in whether their case gets approved or it gets refused.”
“Refugee board creates guidelines for deciding LGBTQ claims”
Toronto Star - May 4, 2017
Adrienne Smith discusses IRB’s SOGIE Guidelines:
“Our clients who are LGBTQ refugees have fled from horrific persecution where many have spent decades hiding their identity. They deserve to have their claim heard by a Canadian decision-maker who not only respects their identity, but ensures a level of openness in speaking about past trauma.”
“Former Humber instructor caught in immigration email snafu”
Toronto Star - February 1, 2016
IRCC mistakenly sent 9000 emails requesting landing fees. Adrienne Smith discusses this issue with the Toronto Star:
Lawyer Adrienne Smith said the mistake created a significant amount of confusion. […] “When our clients receive an email asking for the landing fee, this signifies the file has been approved and is in its final stage. Often the overseas clients will take steps to resign from their employment, sell their property and book their travel to prepare for moving to Canada after they receive this email.”
“Transgender woman once kept in men’s jail to leave Canada”
Toronto Star - February 12, 2014
Adrienne Smith’s transgender client was previously kept in a men’s jail, despite legally identifying as female, to return home.
“Immigration lawyers say rising number of CSIS security screenings causing delays”
City News - August 6, 2025
Adrienne Smith quoted in City News about delays in security screenings for immigration applicants:
“The kind of common refrain we get from the government is that there are third-party background checks that need to happen and it takes time for these to be completed, which we understand,” said Adrienne Smith, a Toronto-based immigration lawyer.”
“Jenkel Decision: Federal Court of Canada halts deportation to the U.S. due to LGBTQ+ risk”
Canadian Immigration Lawyers Association - July 28, 2025
Sarah Mikhail and Noreen Khimji discuss the recent decision of Jenkel v. MCI, 2025 FC 1178 wherein Sarah represented a non-binary American citizen:
A recent Federal Court of Canada decision examined the relevance of the change in country conditions in the United States in the context of a PRRA application. A stay of removal was granted for a non-binary citizen of the United States, pending judicial review of their refused PRRA application.
“More LGBTQ+ Americans are looking to come to Canada since Donald Trump was elected”
The Globe and Mail - February 26, 2025
Adrienne Smith quoted by The Globe and Mail about LGBTQ+ Americans looking to move to Canada:
“The overall sentiment that I’m hearing right now is just the kind of terror and speed that they feel like their rights are being stripped. You can hear the fear in people’s voices when they’re calling.”
Toronto Life - February 13, 2025
Adrienne Smith was interviewed about the uptick in requests from LGBTQ+ Americans. She states:
“Part of the legal definition of a refugee is that they can’t have an “internal flight” option—meaning that there can’t be a safe space to go within their own country. For the US, that means we’d have to show that places like New York or California aren’t safe for the trans community, which would be a real obstacle. In their application, a refugee has to prove that no matter where they go, law enforcement can’t be relied upon to do their due diligence when they report discrimination or violence.”
“Giving refugees a second chance”
Toronto Metropolitan University, Graduate Studies
As the founder and principal lawyer at Smith Immigration Law, Smith specializes in LGBTQ immigration issues and often represents LGBTQ refugees before the Immigration and Refugee Board (IRB). Her career stems from the Immigration and Settlement Studies (ISS) MA program.
“The ISS program cemented my aspirations in becoming an immigration lawyer and gave me the tools and confidence to pursue that career with unwavering focus,” says Smith. “The ISS faculty, under Dr. Myer Siemiatycki’s leadership, ignited my passion for legal advocacy and set me on a career path that has been incredibly rewarding.”
“Trying to clear the immigration backlog”
The Canadian Bar Association - November 13, 2024
Adrienne Smith discusses the backlog and processing of IRCC applications:
“Adrienne Smith, founder lawyer of Smith Immigration Law, says she’s never seen anything like this in her 10 years of practice.
“‘The sheer amount of refusals, especially for temporary visas, is staggering,’ she says.”
“Trans woman required to identify as' ‘male’ by Immigration Canada: ‘It was agony’”
Global News - July 13, 2020
Adrienne Smith discusses a trans woman’s experience in having to identify as ‘male’ by Immigration Canada:
“It just doesn’t make any sense,” Smith said. “A trans refugee claimant shouldn’t need to have a lawyer that understands trans-specific issues in order to get access to a basic right.”
“Pride to survive: Queer refugees look to Toronto for a lifeline”
NOW Magazine - June 19, 2019
After Doug Ford’s government became the first in 15 years to cut funding to Legal Aid, Adrienne Smith notes:
[C]uts to legal aid is an age-old political tactic that turns refugees into pawns. There’s a patchwork of band-aid solutions, she says, but no one knows how the situation will turn out. Lawyers are scrambling to get new systems established – either pro bono or a pay-what-you-can arrangement (aka low bono).
“It’s terrifying to think that a refugee claimant who doesn’t know a lawyer who could provide low-bono representation or can’t get connected with the right community partners to get help is going to fall through the cracks and people will never hear about them.”
“Pushback over rejecting immigrants for health reasons”
Law Times - March 12, 2018
In discussing repealing a controversial section of the Immigration and Refugee Protection Act which makes foreign nationals inadmissible for certain health conditions, Adrienne Smith states:
“The purpose is supposed to be to save costs to the Canadian system, but based on IRCC’s own testimony, they don’t even track how much they are saving on social services costs,” says Smith, who gave evidence before the committee. […]
In addition, she says, the current law undervalues the contribution of immigrants judged inadmissible on the basis of s. 38(1)(c), which contains built-in exemptions for immigrants sponsored under the family class and refugees.
“Immigration lawyers urge major reforms to excessive demand immigration ban”
Lawyers Daily - November 22, 2017
Adrienne Smith appeared before an Parliamentary committee to advocate for the government to abolish it's medical inadmissibility which Smith argues discriminates against children with disabilities. Smith provided the example of one of her clients whose teenage daughter is deaf and was initially refused to join her mother who had worked for several years as a caregiver in Canada entirely because of her disability.
“Immigration expert testifies before parliamentary committee on immigration act”
Global News - November 21, 2017
Adrienne Smith testifies before parliament regarding medical inadmissibility provisions that disproportionately impact individuals with disabilities:
“I think it is discriminatory to see persons with disabilities as a burden. If you speak to any parent who has a child with a disability you can see the positive kind of change and impact they have on their family [and] community.”
“Immigration Canada breaking the law when denying some disabled applicants say legal experts”
Global News - August 29, 2017
Adrienne Smith argues that officers failing to provide applicants with cost estimates regarding their medical inadmissibility are breaching their rights:
“The Federal Court of Appeal has been very clear, that an officer who’s assessing medical inadmissibility has to provide the cost of the medical or social services.”
Smith says the government is violating Canadian case law by failing to disclose likely cost estimates. She added that this places applicants in the difficult position of having to challenge unspecified allegations made by immigration officers.
Global News - July 4, 2017
Adrienne Smith discusses issues with IRCC’s assessment of medical inadmissibility:
“[The government] can either come up with the correct definition of ‘what is social service’ and ‘what are the actual costs to Canadians’ or they can look at eliminating that entirely. If you can’t track the costs of social services, you can’t find someone inadmissible based on an artificially low number.”
“Toronto immigration lawyer explains why she believes Canada’s immigration law is discriminatory”
Global News - July 4, 2017
Adrienne Smith discusses IRCC’s medical inadmissibility policy:
“The origin of the policy itself is discriminatory, and the Supreme Court of Canada in the case of Hilewitz actually recognized that this policy was rooted in discrimination. So, in our practice, what we see is that that discrimination is continuing.”
“Refugee board creates guidelines for deciding LGBTQ claims”
Toronto Star - May 4, 2017
Adrienne Smith discusses IRB’s SOGIE Guidelines:
“Our clients who are LGBTQ refugees have fled from horrific persecution where many have spent decades hiding their identity. They deserve to have their claim heard by a Canadian decision-maker who not only respects their identity, but ensures a level of openness in speaking about past trauma.”
“Deaf teen deemed medically inadmissible can now join mother in Canada”
Toronto Star - June 25, 2015
Adrienne Smith represented a family trying to bring their deaf teenager to Canada, despite initially being deemed medically inadmissible:
While Jazmine can come to Canada and permanent residency is highly likely, it is still not guaranteed.
“It’s a huge win. After five years, Jazmine can finally join her mother. But there is a condition put on her,” said Smith. “There is no final admissibility decision yet. It’s still conditional to a positive finding by the immigration department.”
“Transgender woman moved from men’s jail”
Toronto Star - February 11, 2014
Adrienne Smith discusses her client who was placed in the wrong jail:
Edison’s lawyer, Adrienne Smith, said she was shocked when Sugden contacted her to get her girlfriend transferred. Both Edison and Sugden had been asking corrections officials to do the same.
“I said, ‘This can’t be true,’ ” said Smith. “Why would they put someone who is legally a female in her passport and all IDs into a male facility