Mr. Speaker, as the member knows, the decision was made by the Immigration and Refugee Board which is a quasi-judicial independent decision making body.
On the broad general issue of sexual orientation there are two compelling facts that may help explain the issue. In June 1993 the Supreme Court ruled that sexual orientation constitutes membership in a particular social group.
As well, the Geneva convention recognizes that in certain countries, members of particular social groups have grounds to fear persecution. It is on these grounds that individuals are eligible to apply for refugee status, not only in Canada but in all other countries that are signatories to the Geneva convention.
This case does not set a precedent. To date there have only been two cases on the basis of sexual orientation. One claim was determined to be negative. The other, the claim the member raises, was determined to be positive following an appeal to the Federal Court of Canada.,
Let me inform the member that Canada is not the only country to accept refugees on the basis of sexual orientation. In fact the United States, Germany and New Zealand have all accepted the positive claims on the basis of sexual orientation.
In conclusion, when claims are evaluated it is with a view to offering Canada's protection from systemic persecution and abuse. I remind the member that Canada has been internationally recognized for its compassion and thorough stand on human rights issues when it comes to refugee determination in Canada.