Jorge Alberto Inaudi|
(1964 - living) Argentina - Canada
He is believed to be the first person to be granted refugee status in Canada based on fear of persecution because of his sexual orientation. A male homosexual from Argentina was granted refugee status on April 4, 1992. Inaudi testified that he was "completely terrorized," by Argentina's federal police, who allegedly raped and tortured him following arrests in 1989 and in early 1990.
The Immigration and Refugee Board accepted in a split decision that homosexuals do come under the social group definition. The Board based its definitions on the Oxford dictionary which defines social as "capable of being associated or united" and a group as "a number of persons classed together on account of a certain degree of similarity."
The Board concluded that "because homosexuals are attracted to persons of their own gender they are members of a particular social group. As homosexuality is an immutable characteristic, that alone suffices to place homosexuals in a particular social group. Even if homosexuality was a voluntary condition, it is one so fundamental to a persons identity that a claimant ought not be compelled to change. What must be shown by an individual is that he is at risk of persecution because he is a member of a particular social group, in this case the homosexual group."