this post was submitted on 03 Feb 2024

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Federal court overturns American transgender woman's persecution-based refugee claim (www.cbc.ca)

submitted 10 months ago by [email protected] to c/[email protected]

35 comments fedilink hide all child comments

cross-posted from: https://lemmy.ca/post/14641130

top 35 comments

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[–] [email protected] 4 points 10 months ago

With the way Canadian politics are going right now, it would be pretty hypocritical to accept trans refugees.

[–] [email protected] 4 points 10 months ago (1 children)

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.

The original article contains 834 words, the summary contains 223 words. Saved 73%. I'm a bot and I'm open source!

[–] [email protected] 14 points 10 months ago (2 children)

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.

[–] [email protected] 8 points 10 months ago (1 children)

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.

[–] [email protected] 1 points 7 months ago

Hell, Trinidad is more "full of rig pigs" than Fort Collins.

[–] [email protected] 2 points 7 months ago (1 children)

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.

[–] [email protected] 3 points 7 months ago* (last edited 7 months ago) (1 children)

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.

[–] [email protected] 2 points 7 months ago

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.

[–] RedAggroBest -1 points 10 months ago (2 children)

former roommate, former landlord, and a debt collection agency

So she's actually just trying to run from debt because she was a bum roommate it would seem. This is the right call, shit isn't good, but nowhere near bad enough to warrant giving refugee status to any American. Otherwise would be smack in the face of refugees who ACTUALLY need asylum.

[–] [email protected] 6 points 10 months ago (1 children)

You mean the same roommate who has been stalking her with a shotgun?

[–] dlpkl -2 points 10 months ago* (last edited 10 months ago) (1 children)

Do you have proof that the roommate was stalking her with a shotgun, or are you just making assumptions? The article only mentions that she was threatened with the gun once, and makes no mention of subsequent occasions including any firearms.

Edit: a quick Google search of "Daria bloodworth shotgun" returns no results. Did you just invent the detail of it being a shotgun?

[–] [email protected] 0 points 7 months ago

The police reports in the tribunal's record. But they don't post that part on CanLII. But the RAD did affirm that this was true (para. 51).

[–] [email protected] 1 points 7 months ago

That debt collection agency thing is a bit of an irritating aside, but since that part keeps getting covered, I'll address it here.

Back in 2020, I was getting increasingly vile and harassing e-mails from someone who purported to be from a debt collection agency. I forwarded that correspondence to the RPD. It was not part of my original claim. However, it would later turn out that this was not from a legitimate debt collection agency but rather, the result of a data breach. It was a scam e-mail.

[+] dlpkl -9 points 10 months ago (1 children)

Good

[–] [email protected] 8 points 10 months ago (1 children)

Care to elaborate why you think that's good?

[+] dlpkl -7 points 10 months ago (4 children)

Because their claim is bullshit and they were trying to defraud a system used for cases of actual persecution.

[–] [email protected] 10 points 10 months ago* (last edited 10 months ago) (3 children)

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.

[–] [email protected] 1 points 7 months ago

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.

[–] [email protected] 0 points 10 months ago

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.

[+] dlpkl -13 points 10 months ago (2 children)

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.

[–] [email protected] 11 points 10 months ago* (last edited 10 months ago) (1 children)

Are you living under a rock or something?

You think this person will be safe in the US after all this media circus?

[–] dlpkl -4 points 10 months ago (1 children)

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.

[–] [email protected] 0 points 7 months ago

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.

[–] [email protected] 0 points 7 months ago

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.

[–] [email protected] 5 points 10 months ago (1 children)

Right, because only people you approve of can be persecuted. Whatever, dude...

[–] dlpkl 0 points 10 months ago* (last edited 10 months ago) (1 children)

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.

[–] [email protected] 4 points 10 months ago (1 children)

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.

[–] dlpkl 2 points 10 months ago* (last edited 10 months ago)

You're right, I exaggerated the point for effect and shouldn't have.

[–] [email protected] 4 points 10 months ago* (last edited 10 months ago) (1 children)

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.

[–] dlpkl -3 points 10 months ago (1 children)

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.

[–] [email protected] 1 points 7 months ago (1 children)

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.

[–] dlpkl 0 points 7 months ago (1 children)

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.

[–] [email protected] 1 points 7 months ago (1 children)

"leapfrogged"? I'm almost 5 years in, no PR, and still going through the process. Not to mention, my claim is legitimate too.

[–] dlpkl 1 points 7 months ago

Good, hopefully they send you home. And no, it's not legitimate.

[–] [email protected] 0 points 7 months ago

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.