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February 09, 2007

Canadian immigration board denies asylum to gay runaway from Nicaragua

The Immigration and Refugee Board of Canada has refused to grant a gay runaway from Nicaragua asylum because they do not believe he is gay. Alvaro Antonio Orozco, who ran away from his home country when he was 12, was hoping to find sanctuary from the abuse he endured from his family because of his sexuality, reports The [Toronto] Globe and Mail.

"My father called me 'marica' [an antigay slur] and told me he would beat it out of me," Orozco, now 21, told the paper.

IRB member Deborah Lamont heard Orozco’s case via videoconference but concluded that she did not believe Orozco was gay. She said her reason was that Orozco was not sexually active as a teenager and that he also did not specify his sexuality when he left Nicaragua.

El-Farouk Khaki, Orozco’s attorney, told The Globe and Mail that Lamont’s decision reflected a stereotype that is founded on the idea that gay teens are more sexually active than straight teens.

"I think the decision shows a lack of understanding of issues facing queer kids from homophobic cultures and what they have to deal with in terms of gender stereotypes," Khaki said.

Orozco’s next move is to appeal for a ministerial permit from immigration minister Diane Finley. In addition, Khaki is trying to reopen his refugee claim.

In 1992, Nicaragua passed an amendment making same-sex relationships illegal, and anyone campaigning for gay rights or providing same-sex health information can be found guilty of breaking the law. (The Advocate)

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