February 7, 2007

The Honourable Diane Finley, MP, P.C.
Citizenship and Immigration Canada

Dear Minister Finley:

RE: Alvaro Antonio Orozco Hurtado Client I.D. Number: 5489-8782
SUBJECT: Request for Stay of Removal and Minister’s Permit

I write to request that the removal of Alvaro Antonio Orozco Hurtado be stayed, and a Minister’s Permit be issued to him. He should be allowed to remain in Canada in light of the procedural breach that led to the repeated denial of his claim, his extraordinary ordeal, and his struggle to live free of domestic abuse and sexual persecution in a country that can offer him a chance in life.

Alvaro’s claim had not been properly heard because the Immigration and Refugee Board (IRB) failed to deem him as a person who is vulnerable and deserving of procedural accommodations for his hearing. As such, he was not given any special consideration for his psychological frailty, and for the fact that most of his experiences occurred when he was a child. This was in contravention to the IRB’s self-stated commitment to prevent vulnerable individuals from being disadvantaged in presenting their cases even prior to an articulated Guideline issued by the Chairperson on this matter.

For this reason, Alvaro’s claim was not decided in a manner that would have been fair to him. The denial of his refugee claim led to an inevitable chain of events that resulted in his current situation – facing removal on February 13 to the United States and ultimately back to Nicaragua.

Once returned, Alvaro – a gay young man who is visibly effeminate – will likely face persecutorial treatment by a homophobic public, as well as potential prosecution and imprisonment under Nicaragua’s Penal Code that criminalizes individuals for same-sex activities. Even if he can avoid prosecution, he will not be able to seek state protection, nor will be able to flee to any other part of the country, for any incidents of “gay bashing” since it would amount to reporting himself as a “criminal” to the police. He would have to live with any violent consequences, which are essentially state-sanctioned, simply for being gay.

Alvaro’s ordeal is an extraordinary and heart-wrenching story. At the age of 12, he ran from home to escape from an abusive and homophobic father who had severely beaten him on a daily basis – to such a degree that he went to school with bruises and pain – for five years specifically because of his feminine disposition. Upon escape, he made a transnational journey – on foot and alone – that brought him through Central and into North America where he dealt with harsh U.S. immigration officials, an unforgiving asylum system that denied him legal representation, and survived at the mercy of churches and private religious families. Growing up among a community that was kind but intolerant of homosexuality, Alvaro suppressed his sexual orientation and focused only on his survival needs. However, mindful of gay rights in Canada, he eventually found his way to this country to seek a free life. It was not until he finally made his refugee claim here in 2004 as an adult that he realized the freedom and openness that Canadian society can offer him.

Throughout the process of his failed refugee claim, Alvaro had struggled, and continues to struggle, with his past in order to secure a normalized future. He consults regularly with a clinical psychiatrist, speaks with Amnesty International, and receives assistance from the organization Supporting Our Youth (SOY). From a social perspective, Canada has offered an opportunity to heal the physical and psychological scars, and to thrive in society, to a young man who, in spite of his tragic experience, managed to find strength to twice rescue himself. However, I hope you can remedy his legal circumstances to allow him a chance at a stable and secure life.

For the above reasons, I humbly ask for Minister Finley to issue him a Minister’s Permit, so he can remain in Canada. Thank you very much.

Sincerely,


(Name)