A openly gay man who is married to his partner has won a bid for refugee status due to concerns his life may be in jeopardy if he is deported to his native Jamaica.
Marlon Cunningham, 45, who lives in Toronto, had his refugee case thrown out in September 2009 after a member of the immigration and refugee board failed to consider all the evidence at his hearing.
Cunningham filed an appeal to the Federal Court of Canada and was granted another hearing last week.
Justice Frederick Gibson said the IRB member didn’t consider information on the treatment of homosexuals in the Caribbean.
The member “erred in discounting reports of violence against homosexuals in Guyana,” Gibson said in his decision.
“The failure to consider relevant evidence would be sufficient to grant a judicial review,” he wrote.
Cunningham married a fellow Jamaican in July 2009 and is active in the Jamaican-Canadian community, court heard.
“He faces risk if returned to Jamaica,” Gibson wrote.
He said a failure to acknowledge new evidence or take it into account can lead to Cunningham facing “a personalized risk of persecution or a risk to his life.”
He faces “cruel and unusual treatment or punishment if returned to Jamaica,” the decision said.
The board has recognized that gay men and women are targeted in Jamaica.
ENDS
notes:
Some of the comments on the story's page from the Toronto Sun are not so kind however as many persons are critical of the immigration system in allowing LGBT persons refugee status.
Here are a few, please go the article for the full story plus comments:
Some comments include:
So what if he gay. He is not canadian so send him home. He knew about the treatment of "his kind" at home so too bad!!!!!!
Justified I suppose... so is the boat on its way with Tamel Tiger Terrorrists full of gay guy?
Canada..... open for whatever comes our way!
Is it only white Europeans that get grief and hassle trying to get into your country, after all we helped build your nation. Do you have to be gay or Jamican or Nigerian with a false passport or have HIV. There is thousands of skilled Europeans and law abiding immigrants trying to get to Canada but get treated like shit. After what happened with the Nigerian your immigration people should have been sacked, i wonder when the next innocent person gets killed because of your ass-holes in immigration!
Another shining example of our immigration system. Good thing the feds have tons of money to spend on scum like this. Canada is the sucker country of the world and every freak or criminal in the world knows it. How very Canadian.
Well, I guess the feds with have to give the queers a bit more money for queer fest next year now that there is one more. Just an absolute joke when there is so many deserving people all over the world who would love to come here and be part of Canada but you have to be queer or better still a Chinese thug to be allowed here.
Just another low class Jamician to come here and live off welfare and then kill someone and go to jail.
Canada. Door mat and Dumping ground for the world. You Canadians are mugs. Really mugs.
What a pile of bull sheet. They have got to be kidding. No wonder the refugee system is so screwed. So are we, we pay for this type of crap. This should be appealed, big time, and this scam artist held in detention until a decision is made.
If you are critical of Canadas immigration system, fine. If you fell like people abuse the refugee process, that's ok too. If you're upset about crime commited by Jamaicans in Canada, that's certainly an issue. But you cant use those reasons to pretend like Gays aren't spefically targeted, including by law enforcement. One imbecile said "Feb 1 2008 was the last reported incident involving homosexual prejudice". Did this fool know that homosexual acts are ILLEGAL in Jamaica, and punishable with prison sentances, and hard labor? You don't consider THAT homosexual prejudice?? You see, when people have to lie to make their point, it is because the truth won't suffice..........
So if I understand this, the The member “erred in discounting reports of violence against homosexuals in Guyana?" Wasn't this about a Jamaican refugee? He's born in Jamaica. What the hell does Guyana have to do with it? Perhaps the member erred in discounting reports of violence against homosexuals in Iran or any other country this guy doesn't live in. Sounds like someone was looking for any excuse to toss out Immigrations decision doesn't it. Hey,.....I want an inquiry!
You must be kidding. Now we are providing refugee status to a gay Jamaican?
Who will stop this madness?
Who will return the common sense to our Gov't?
He was gay before he got here. He was not the only gay man in Jamaica.
They may not be as "progressive" as Canada but why should that be a basis for allowing refugee status?
I just shake my head and wonder about who makes these dumbass decisions.
If he is not comfortable being gay in Jamaica, then apply to enter another country legally.
Canada must stop being the pasty of the international community.
Oh well, lets get ready for the ship of Sri Lankans off B.C.'s coast. Bet all will claim to be "gay" now.
It's the same old story claimed by every refugee trying to get into Canada; the land of milk and honey. If you send me back I will be persecuted by everyone, blah, blah, blah. How did these people manage to live 25, 30 or 40 years in seemingly robust health in a country that is now trying to kill them? It's very simple to concoct a story that can't be checked out and these applicants know this as do the lawyers and immigration consultants that coach these people. It is so simple to beat Canadian refugee laws these people just chuckle in disbelief. With our lax refugee system and people knowing they won't be turned away, who can blame them? A sucker is born every minute and thy name is Canada. Wait, the boat from Sri Lanka, everyone gets in.
"Dudley Do Right"....your an idiot. I bet you're some white idiot making an ignorant comment based on CRAP!!! Have you been to Jamaica? Have you seen first-hand how openly gay individuals are treated? I BET NOT!!! I HAD A FRIEND MURDERED IN DEC 09. House was set a blaze, tormented for months as he walked down the street, death threats to family......so please if your going to comment on anything...KNOW THAT FACTS!! HOMOSEXUALITY IS NOT ACCEPTED IN JAMAICA!! And the reason you don't hear about it is because it's not something they are going to broadcast to the media. Please tell me a story where you've heard of gay men being murdered in Toronto at the same rate as Jamaicans!!!!
Dudley Do Right originally commented -
What insanity! Our Immigration and Refugee Systems are totally broken. There is as much chance for a homosexual to experience violence in Jamaica as there is in Canada. The last reported attempt at violence in Jamaica, against homosexuals, occured February 1, 2008, where nobody got hurt except for their feelings.
Don't judges look up this information or do they just believe the word of the proponent for the refugee claim?
More comments from the piece go HERE
As for me I am not particularly interested in simply running away from Jamaica because someone makes a threat at me or even worse, we going to have to make up our minds, I have been outed publicly several years ago and even threatened several times but I chose not run down the underground railroad as an excuse to lef yaad. There is nowhere like home even if it is problematic but tell me where in world isn't?
One can live it down and come back again, I am living proof of that, I guess it's how mentally strong one is as well, so much so that I learnt over the years that many who hit out are merely hiding behind active homophobia their own struggle with their sexuality and percieved notions about male homosexuality in our context, so one hits out publicly then practices privately.
(trust mi, a nuff a dat a gwaan)
Over the years though many clients (JFLAG years) and friends I know leave mainly due to feeling a sense of security elsewhere and the cause of justice and equality is far more balanced than our jurisdiction has offered over the history of this nation although attitudes are painstakingly slow in changing. Of course where death threats are present in some cases the consideration is understandably stronger to relocate or sometimes they do not second guess to grasp the opportunity.
No offence to those who chose to leave and taking into account the differing views contending I do not see a reason to at this time to leave no matter what, stay the course and live it out to the end I say, not run away to someone else's country to face the kind of commentry as seen above, remember there are homophobes there too. Who will stay and fight, this issue of staying or leaving Jamaica because of homophobia and related issues has always had rigid a split with some persons otping to even go the route of martyrdom if required though that group is in the minority, there are however strong views on both sides.
Besides there aren't good men like a yaad men out there comically said by many as well who use that as a reason to stay. To each his own eh?
Peace and tolerance.
H
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