Alvaro Antonio Orozco's refugee claim was refused by the Immigration & Refugee Board, Refugee Protection Division Member Deborah Lamont (now a Member of the Immigration Appeal Division) essentially because of credibility. Member Lamont found that:
"I found the claimant's many explanations unsatisfactory for why he chose not to pursue same-sex relationships in the U.S. as he alleged it was his intention to do so and he wanted to do so," she wrote in her decision.
Instead, she concluded: "...he is not a homosexual... and fabricated the sexual orientation component to support a non-existent claim for protection in Canada."
CTV.ca article here.
Orozco's new counsel, noted refugee counsel El-Farouk Khaki, intends to file an application with the Federal Court to stay the removal order and attempt to re-open the refugee claim, arguing the IRB breached its own policy/procedure.
A very good article from the globe and mail here.
It looks like Mr. Khaki has managed to win his client some time: (globe and mail article here) - The Department of Justice agreed to defer Orozco's removal for 2 months, giving Orozco time to file and application to stay on humanitarian and compassionate grounds
(hmmm, however, a filed "H&C" application does not stay a removal order - only a PRRA or other legislative/Federal Court appeal does...).
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