Sunday, November 29, 2009

Canadian Federal Court Allows Asylum Petition of Lesbian in U.S. Military

Canada United StatesMr. Justice de Montigny of the Canadian Federal Court has allowed an application for judicial review of the claim filed by B.L.S., a 21-year-old U.S. citizen who claimed protection in Canada under sections 96 and 97(1) of the Canadian Immigration and Refugee Protection Act ("IRPA").  She is a lesbian serving in the U.S. Army and alleged a fear a persecution from her colleagues and superiors because of her sexual orientation.  She also alleged that she would face risk to her life or cruel and unusual treatment or punishment if she were returned to the United States.

The Refugee Protection Division of the Canadian Immigration and Refugee Board denied her application, but the Canadian Federal Court reversed that decision and said that judicial review ought to be allowed.  Click here to read the full decision.

The woman's full name appears in the decision.  This blog follows the policy of never publishing the full names o anyone seeking political asylum, even though that information may be made available elsewhere.

(mew)

http://lawprofessors.typepad.com/international_law/2009/11/canadian-federal-court-allows-asylum-petition-of-lesbian-in-us-military-.html

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