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March 29, 2013

Canadian Judge Rules Refugee With HIV Can't Be Deported

A federal court in Canada has dismissed claims by immigration officials that an HIV-positive refugee from Honduras should be deported because he poses a danger to society, National Post reports. The ruling allows Marvin Adolfo Galvez Padilla to remain in Canada. In the 24 years he has already spent in Canada, Galvez has accumulated several criminal convictions, including theft, cocaine trafficking and engaging in prostitution. Officials ordered his deportation not only because of his criminal record but also because they were “alarmed” that Galvez allegedly would not disclose his HIV-positive status to his sex clients. Justice Yves de Montigny did not dispute the criminal record, but he did take issue with the HIV risk assessment made by officials. In his decision, the judge wrote that Galvez had never been convicted for aggravated sexual assault as a result of having HIV and that it was unclear if his behavior would be criminally liable since he used condoms.

To read the article, click here.

Search: Canada, criminalization, Marvin Adolfo Galvez Padilla, Honduras, Yves de Montigny

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