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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Good
Care to elaborate why you think that's good?
Because their claim is bullshit and they were trying to defraud a system used for cases of actual persecution.
her ex-roommate at Colorado State University threatened her with a gun
the case against the roommate was dismissed a few months later and a judge declined to keep the protection order in place
claimed the ex-roommate continued to stalk her, and said police did not respond to her calls for action
Considering the case is now quite publicized, I would be worried for this person's safety if sent back to the US and the current political climate regarding transgenders.
her ex-roommate at Colorado State University threatened her with a gun
That statement alone just shows how the court fucked up.
I never went to CSU. My roommate wasn't at CSU. CSU Police Department was simply the PD physically closest to the house. That's why CSU PD called the Fort Collins Police Service to investigate. The Tribunal's Record clearly shows that none of my immigration forms say I went to CSU, nothing in my claim would indicate I was affiliated in any way with CSU, the only thing CSU-related in my file is the witness statement form Fort Collins Police Service had me fill out. And only because they didn't want to go out to their car to get one of their forms. All the other PD forms in the Tribunal's Record, including the trial records, clearly indicate that FCPS was the arresting agency.
Granted, there are many, many more examples of how the court fucked up in making that decision. For example, the claim that the RAD insisted on a standard of perfect protection - an argument that the RAD decision itself rebutted by stating that they were only evaluating it from the standard of operational adequacy. Operationally adequate protection needs to yield actual results, as required by Moran Gudiel.
Just a minor note, you shouldn't call trans people "transgenders", gramatically it's the same as calling black people "blacks" and can come off as rude.
Lmfao this is a joke right? It's this person's responsibility to find new accomodations, and move if they need to. You can't just fucking claim asylum because you have a stalker. Absolutely ridiculous argument.
Are you living under a rock or something?
You think this person will be safe in the US after all this media circus?
Stop being disingenuous. There are plenty of states in the US that are very LBGT friendly. This person was in Colorado, which has extremely lax gun laws, so of fucking course they're at risk of gun violence. And it's not state-sponsored violence, it was a personal conflict. They have many, many options to ensure their safety in the US, including changing their name and moving. Both of which are easier than moving to Canada.
Doesn't matter. The Supreme Court of Canada held in Ward that persecutors need not be affiliated with the state. Hell, even state complicity isn't necessary.
Kinda hard to do when he starts attending your new residences with a gun. He tracked me down to two other residences before I fled the country.
Right, because only people you approve of can be persecuted. Whatever, dude...
Because it doesn't take an academic to understand the difference between a domestic dispute being taken advantage of and someone who's being cleansed by a regime.
If this person was a trans person from Afghanistan then that absolutely would have been a justified refugee claim.
As much as I'd like to concede the point, it sure sounds like more than a run of the mill domestic dispute. However, I will say other than that, I can see the basis of your argument.
You're right, I exaggerated the point for effect and shouldn't have.
Well she is being actively targeted by her ex-roomate and ex-land lord and the cops won’t do anything to stop them. Trans people are at a heighten risk of being murdered and us lawmakers are criminalizing being trans so this is persecution.
Being targeted by a single person doesn't make someone applicable for asylum. And there are about 49 other states this person can move to if they actually cared about finding a solution. We shouldn't put this person on the same level as victims of state-sponsored genocide, political prisoners, and others. There are other plenty of other cases of people not receiving police protection from stalkers, just because they're trans doesn't means that's why.
No, there aren't "49 other states this person can move to". Because all 50 states have the same problems if not worse: a pattern of systematic delegitimization and dehumanization of transgender people. I moved to Colorado because of its track record on transgender rights. It was the best of the 50 options and I still got threatened with a gun.
And "a single person"? Don't make me laugh. That's just the incident that showed me that enough was enough. That's not even the first time I'd been held at gun point. I'd been discriminated against, beaten with a fireplace poker, tortured, and the police didn't do shit. Not just in one state. Not just in two states. Not in three. Not in four. Not in five. Colorado is state # 6 that I had lived in.
Oh please, you saw it as a quick way to immigrate and you leapfrogged over everyone with a legitimate asylum claim. I have no sympathy and no remorse for my country kicking your ass to the curb.
"leapfrogged"? I'm almost 5 years in, no PR, and still going through the process. Not to mention, my claim is legitimate too.
Good, hopefully they send you home. And no, it's not legitimate.
It's literally not. And nothing I've said to the RPD, RAD, or Federal Court was untrue in any way. In fact, in neither the RPD decision (which isn't available), the RAD decision nor the Federal Court decision was there ever a negative credibility determination.