Federal court overturns American transgender woman's persecution-based refugee claim
Federal court overturns American transgender woman's persecution-based refugee claim
cross-posted from: https://lemmy.ca/post/14641130
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This is the best summary I could come up with:
Canada's Federal Court has overturned a decision granting refugee status to an American transgender woman who successfully argued that a combination of gun culture and rising transphobia left her at risk of persecution in the United States.
In a decision released this week, Judge Christine Pallotta said the Refugee Appeal Division erred in finding Colorado authorities were incapable of protecting Daria Bloodworth from a roommate she accused of stalking her — and that her safety couldn't be guaranteed elsewhere in the U.S.
"It was made pretty clear from the get go that this was going to be an uphill battle — winning this thing, or even staying in Canada a little bit longer and not get murdered in the U.S.," Bloodworth told the CBC.
Bloodworth came to Canada in 2019, seeking refugee protection in relation to claims that she was the target of threats and violence from a former roommate, her former landlord and a debt collection agency.
"The RPD failed to consider how Colorado's open carry gun laws combined with the general climate of anti-trans hatred growing in the US could make [her] perpetually vulnerable and at risk to her life," Mohan wrote.
The federal court ruling also says the appeal division failed to determine that internal flight was impossible — saying that "more than evidence demonstrating hardship and disadvantage" was needed to take New York City off the list.
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It makes sense to me that this person would feel unsafe in many parts of the US, and is likely at risk in their hometown. But I think the judge is right, America is a huge place, if you aren't safe in a conservative town you could move to a safer place in a different part of America.
Also, Canada is a large place.
Being LGBT+ in a large city is very different than being LGBT+ in a town/city that's full of rig pigs.
Hell, Trinidad is more "full of rig pigs" than Fort Collins.
Hi, I'm the person the story's about.
Fort Collins is a college town in one of the few states that theoretically offer "full protections" for trans Americans. It's not "a conservative town". Might be a bit more conservative than Boulder, as it's the home of Colorado State University (formerly Colorado A&M) but it's not that much more conservative.
Also, I moved to Colorado for a reason, and it's because their laws purportedly protect transgender people fully. Shame that wasn't actually the case.
You are going to appeal this up the chain right? Regardless of what happens in the court case I hope you can find somewhere to live and be yourself, safely.
The Federal Courts Act impairs my ability to take it to the Federal Court of Appeal. But still, there are concerns regarding principles of natural justice with this federal court decision that could allow me to certify a question that could challenge that particular section of the Federal Courts Act.
But yes. I will fight this case to the bitter end.