A Toronto man has lost a bid to stay in Canada after claiming he would be “persecuted” for his bisexuality if returned to Jamaica.
Nickaldo Smith, 28, is facing deportation to the Caribbean country for criminality after being convicted of assault with a weapon. That led to him being ordered deported in April 2005.
Smith unsuccessfully appealed the deportation order to the Federal Court of Canada. He then appealed to the court for a pre-removal risk assessment in a second failed bid to remain here.
“The applicant asserted that he feared persecution in Jamaica due to his sexual orientation,” Judge Michel Beaudry wrote in a Feb. 11 decision. “The applicant discovered he was bisexual after (girlfriend) Karen encouraged him to explore his sexuality.”
Court heard Smith began dating Karen in 2005. He then began a “sexual relationship” with John, a friend of Karen, whom he is still dating.
His relationship with John was short-lived because Smith was placed in detention in April 2007, Beaudry said.
He said Smith was to have been deported last June, but that was put on hold pending an appeal.
An immigration officer who initially refused Smith’s application said he’s not likely to be persecuted in Jamaica because he “doesn’t fit the profile of a gay man.”
“The applicant has been in a serious heterosexual relationship for four years,” the officer said.
The officer said Smith provided “insufficient evidence to show he would not receive protection from Jamaican authorities as a bisexual man or deportee.”
The officer said Smith did not show his life was in danger and would more than likely not face torture or death if sent back.
Smith will be deported as soon as travel arrangements can be made, immigration officials said.
His lawyer Aviva Basman couldn’t be reached yesterday.