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A refugee from Honduras with a lengthy criminal record and history of crack cocaine addiction worked as a prostitute without telling his clients he was HIV positive, but a Federal Court judge dismissed the government’s claim he poses a danger to society, allowing him to remain in Canada.

The case of Marvin Adolfo Galvez Padilla, 46, raises questions over the risks of HIV and what constitutes dangerous behaviour in immigration and refugee law.

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Among his convictions are two for assault, one in which he bit a security guard who caught him stealing, according to police, and a second where he used an umbrella to attack a store keeper who was trying to stop him stealing. He also has two convictions for cocaine trafficking; one for uttering threats; 15 for theft; seven for failure to attend court; and three for communication for the purposes of engaging in prostitution.

A federal official looked at Mr. Galvez’s 24 years in Canada and saw an accumulation of problems adding up to him being a danger to the public.