An American transgender woman says she plans to appeal a Federal Court ruling that overturned the decision granting her refugee status in Canada and sent it back for redetermination.

In a decision released this week, Federal Court Justice Christine Pallotta found the Immigration and Refugee Board91裸聊视频檚 appeal division made 91裸聊视频渞eviewable errors91裸聊视频� and an unreasonable decision to allow the application by Daria Bloodworth, who moved from Colorado to Canada in 2019.

Bloodworth applied for refugee protection in Canada over fears of transphobic persecution by U.S. society and individuals including an ex-roommate who menaced her with a gun, her former landlord, and a debt collection agency.

Her application for refugee status was initially denied in 2019, then approved on appeal in 2021, before the Canadian government sought a judicial review.

Bloodworth, who now lives in Whitehorse, said in an interview that she was 91裸聊视频渃ompletely mystified91裸聊视频� by the court91裸聊视频檚 ruling, which was handed down in Vancouver, and is planning to take the case to the Federal Court of Appeal.

91裸聊视频淚 don91裸聊视频檛 know why the minister decided to fight this in the first place,91裸聊视频� Bloodworth said. 91裸聊视频淚t seems like they91裸聊视频檙e wasting resources fighting little old me.91裸聊视频�

Bloodworth said that in 2019 she caught a flight from Denver to Calgary, where she made her original refugee claim, because the situation for trans people in America is 91裸聊视频渙nly getting worse.91裸聊视频�

She said her years in Canada since arriving have 91裸聊视频渁bsolutely91裸聊视频� made her feel welcome, finding people less 91裸聊视频渦nkind91裸聊视频� than in the U.S.

91裸聊视频淚 don91裸聊视频檛 think it91裸聊视频檚 just because of the fact that I have yet to be threatened with a gun or a knife yet here, but I think, generally speaking, people here tend to be a little bit nicer than people down south,91裸聊视频� she said.

91裸聊视频淭he fact still remains that people in the U.S. are being radicalized against trans people. We91裸聊视频檙e being called groomers. We91裸聊视频檙e being called all sorts of things.91裸聊视频�

The court91裸聊视频檚 ruling outlines how Bloodworth sought protection in Canada, believing that police in Colorado weren91裸聊视频檛 willing to protect her from a former roommate at university who stalked her, standing outside her home with a gun.

91裸聊视频淏loodworth states she called the police or went to the police station to report events of stalking behaviour, but did not receive protection,91裸聊视频� the court ruling says. 91裸聊视频淪he was told her former roommate had the right to open carry a firearm. Eventually, she stopped calling the police.91裸聊视频�

In her ruling, Pallotta says the appeal panel erred by requiring 91裸聊视频減erfect state protection91裸聊视频� from the U.S., instead of adequate protection.

The judge sent Bloodworth91裸聊视频檚 case back for consideration by a different panel of the refugee board91裸聊视频檚 appeal division.

Pallotta ruled that the original appeal panel91裸聊视频檚 finding that Bloodworth wouldn91裸聊视频檛 get state protection from the U.S. due to how police handled her complaints was 91裸聊视频渃ontrary to the evidence.91裸聊视频�

The appeal panel said the original rejection of refugee status stemmed from failing to consider how open-carry gun laws in Colorado coupled with 91裸聊视频渢he general climate of anti-trans hatred91裸聊视频� in America could make Bloodworth 91裸聊视频減erpetually vulnerable and at risk.91裸聊视频�

But Pallotta said that refugee claimants have a 91裸聊视频渉eavy burden91裸聊视频� in arguing that a democratic country like the U.S. is incapable of protecting its own citizens.

Bloodworth said she believes in the strength of the fundamentals of her case, 91裸聊视频渁nd they91裸聊视频檙e only getting stronger with the more messed up things that the U.S. is doing.91裸聊视频�

91裸聊视频淓ven though the U.S. is a democracy, this isn91裸聊视频檛 stopping the politicians in the U.S. from doing these horrible things, which shows that even though it91裸聊视频檚 a democracy, democracy in and of itself is not a source of state protection,91裸聊视频� she said.

Bloodworth said if she91裸聊视频檚 sent back to the U.S., she91裸聊视频檇 be at risk of harm anywhere she goes.

91裸聊视频淭he people who ingest the same hate speech against trans people, the same people who hear that we91裸聊视频檙e groomers and we91裸聊视频檙e out to target children and all this other nonsense, they exist in Colorado, too. I mean, there91裸聊视频檚 no place in the U.S. where these people don91裸聊视频檛 exist,91裸聊视频� Bloodworth said. 91裸聊视频淚f I had to go back to the U.S., I would probably have like a night at a hotel and then fly out to the next place because I can91裸聊视频檛 live in the U.S.91裸聊视频�

The Department of Justice lawyer on Bloodworth91裸聊视频檚 case did not respond to a request for comment on this story.

Darryl Greer, The Canadian Press