•  
  •  
 

Ellen Vagelos

Abstract

Recently, a Canadian administrative tribunal recognized homosexuals as a particular social group. In April 1992, the Convention Refugee Determination Division (the “CRDD”) of the Canadian Immigration and Refugee Board (the “Canadian IRB”) granted refugee status to an Argentine man who was persecuted in Argentina because of his homosexuality.The Canadian IRB held in Re: Inaudi that homosexuals constitute a particular social group for the purpose of satisfying the definition of “refugee.” Re: Inaudi is similar to the two U.S. administrative decisions in that Re: Inaudi does not have precedential value. This Comment argues that U.S. courts and administrative agencies should rely on Re: Inaudi to hold that homosexuals constitute a particular social group. Part I sets forth the origin of the social group category in U.S. and Canadian immigration law. Part I also examines how the phrase “membership in a particular social group” has been interpreted and applied in Canada and the United States. Furthermore, Part I discusses the U.S. government's treatment of homosexuals. Part II sets forth the facts and holding of the Canadian IRB's decision in Re: Inaudi. Part III argues that Re: Inaudi provides a thorough analysis of why homosexuals constitute a particular social group, integrating into its decision the various factors that the U.S. has applied in determining what constitutes a particular social group in general. Because Re: Inaudi provides a thorough, detailed and sound analysis of what constitutes a particular social group in general, and why homosexuals, in particular, form a particular social group, U.S. courts and administrative agencies should rely on Re: Inaudi to extend their definition of a particular social group to include homosexuals. This Comment concludes that, in the future, the U.S. BIA and the U.S. federal courts should recognize homosexuals as a particular social group for the purposes of satisfying the definition of “refugee.”

Download

Share

COinS