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Nicaraguan wins reprieve in bid to remain in Canada
MARINA JIMÉNEZ

Alvaro Orozco, a gay Nicaraguan teen runaway who faced imminent removal from Canada after his asylum bid was rejected, has won a last-minute reprieve.

The Justice Department agreed yesterday to defer his removal for two months, giving him time to file an application to stay on humanitarian and compassionate grounds, his lawyer El-Farouk Khaki said late yesterday.

Mr. Orozco, now 21, says he ran away from home before his 13th birthday after being beaten by his alcoholic father, who was angry about his sexual orientation.

Mr. Orozco's refugee claim was rejected because Immigration and Refugee Board member Deborah Lamont didn't believe he was homosexual.

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In her Oct. 6, 2005, decision, Ms. Lamont ruled that Mr. Orozco fabricated the sexual-orientation component to support a "non-existent claim for protection in Canada. . . ." She ruled there was no more than a "mere possibility" he would be persecuted in Nicaragua, and that he could find a place to live away from his abusive father.

"We are thankful and relieved," said Mr. Khaki, who had asked the Immigration Minister to intervene in the case. "This will allow us time to submit additional medical and psychiatric evidence and perfect the humanitarian application."

Mr. Khaki did not represent Mr. Orozco for his original refugee claim.

Charles Hawkins, IRB spokesman, said he couldn't comment on the matter, but noted that all board members receive training on how to assess the credibility of asylum seekers, as well as how to question those who make claims on the grounds of sexual orientation.

A gay activist from Nicaragua who was granted asylum here in 2005 says life for homosexuals is dangerous in the Central American country.

Yader Manzanares was beaten several times -- once for holding hands with his partner on the beach -- and threatened with death by his neighbour, who broke down his door. On Feb. 14, 2004, five men attacked him as he came out of a gay bar. He was sent to hospital with a broken right arm and fractured ribs.

"Nicaragua is worse than other Latin American countries when it comes to treatment of gays," said Mr. Manzanares, who worked for a Managua gay advocacy group.

The 36-year-old lawyer came to Canada with his partner three years ago. The IRB granted them asylum based on the beatings they endured because of their sexual orientation and the inability of the police to protect them.

In Nicaragua, a 1992 amendment to the penal code criminalized same-sex relationships. According to a 2006 Amnesty International report, the law is vague enough that individuals campaigning for gay rights or providing sexual-health information could also be prosecuted.

It is hard to find reliable data on whether the law is enforced, although it appears to be used infrequently. Mr. Manzanares says about 10 people have been detained under the law.

The Roman Catholic Church has proposed a more stringent penalty than the maximum three-year jail term. And Mr. Manzanares fears President Daniel Ortega will support the proposal. The Sandinista leader who ruled from 1985 to 1990 formed an alliance with the Catholic Church to win the 2006 election. "He is introducing regressive social policies. He has criminalized abortion, for example," Mr. Manzanares said.

For a refugee claim to succeed on the grounds of sexual orientation, a claimant must be able to show that he or she has a well-founded fear of persecution from state or non-state authorities, and that the state cannot protect them.

From 2002 to 2006, 228 Nicaraguans sought asylum in Canada; 35 were accepted. There are no data detailing their claims.



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