A refugee claimant from Malaysia disclosed first his HIV status, and only later acknowledged he was gay. The Senior Immigration Officer (SIO) concluded that Ng was not protected as a refugee because he could get HIV medicine for free without charge; and though there was stigma against gay and HIV+ people in Malaysia, that same was true in Canada.
On judicial review (a kind of appeal) of that decision, the court said that the SIO was wrong because the particular kind of medicine that Mr. Ng required was not available for free; and because it was improper to compare the homophobia in Malaysia to that in Canada as the SIO had done. The case was sent back to be heard by a different SIO. Ng v. Canada (Minister of Citizenship and Immigration), [2012] F.C.J. No. 598, the Federal Court of Appeal
On judicial review (a kind of appeal) of that decision, the court said that the SIO was wrong because the particular kind of medicine that Mr. Ng required was not available for free; and because it was improper to compare the homophobia in Malaysia to that in Canada as the SIO had done. The case was sent back to be heard by a different SIO. Ng v. Canada (Minister of Citizenship and Immigration), [2012] F.C.J. No. 598, the Federal Court of Appeal
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