Federal court overturns American transgender woman's persecution-based refugee claim

https://lemmy.ca/post/14641168

Federal court overturns American transgender woman's persecution-based refugee claim - Lemmy.ca

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

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 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.