Mr. Speaker, I think the member is confusing the refugee stream and the immigration stream.
The issue here is not a claim based on whether an individual is or is not HIV positive. The claim made was on the basis of being a member of a social group, in this case sexual orientation, and that there was a well founded fear of persecution.
Three years ago the Supreme Court of Canada ruled that sexual orientation constitutes a social group. The Geneva convention allows for claims to be made based on social group persecution. There have only been two cases in the system. One was refused. There is this case raised by the hon. member which was initially refused by the IRB and appealed to the Federal Court. The Federal Court of Canada ordered the IRB to rehear it.
It is not a question of being HIV positive. Each individual case must lay before the board a well-founded fear in terms of a social group persecution.