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Gomez-Rejon v. Canada ( Minister of Employment and Immigration )

IMM-470-93

Joyal J.

25/11/94

8 pp.

Application for judicial review of Convention Refugee Determination Division decision applicant not Convention refugee-Applicant, citizen of Mexico, arrived in Canada on May 1, 1990-Claimed refugee status on account of membership in particular social group, namely gays-Claimed if he returned to Mexico, mental health would be compromised since feared would be victim of discrimination and mistreatment on account of sexual orientation-Refugee Division recognized existence of brutality and corruption in Mexican police and intolerance of society towards gays-Homosexuality not crime in Mexico-Division found no risk of persecution resulting from applicant's sexual orientation and no evidence fundamental rights would be infringed or impossible for him to earn living-Concluded applicant could not attribute misfortunes solely to sexual orientation and could have no objective fear of persecution within Convention-Conclusion not unreasonable and did not create error of law on basis of which Court could intervene-Application dismissed.

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