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 Board害羞草研究所檚 appeal division made 害羞草研究所渞eviewable errors害羞草研究所� 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 害羞草研究所渃ompletely mystified害羞草研究所� by the court害羞草研究所檚 ruling, which was handed down in Vancouver, and is planning to take the case to the Federal Court of Appeal.

害羞草研究所淚 don害羞草研究所檛 know why the minister decided to fight this in the first place,害羞草研究所� Bloodworth said. 害羞草研究所淚t seems like they害羞草研究所檙e wasting resources fighting little old me.害羞草研究所�

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 害羞草研究所渙nly getting worse.害羞草研究所�

She said her years in Canada since arriving have 害羞草研究所渁bsolutely害羞草研究所� made her feel welcome, finding people less 害羞草研究所渦nkind害羞草研究所� than in the U.S.

害羞草研究所淚 don害羞草研究所檛 think it害羞草研究所檚 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,害羞草研究所� she said.

害羞草研究所淭he fact still remains that people in the U.S. are being radicalized against trans people. We害羞草研究所檙e being called groomers. We害羞草研究所檙e being called all sorts of things.害羞草研究所�

The court害羞草研究所檚 ruling outlines how Bloodworth sought protection in Canada, believing that police in Colorado weren害羞草研究所檛 willing to protect her from a former roommate at university who stalked her, standing outside her home with a gun.

害羞草研究所淏loodworth states she called the police or went to the police station to report events of stalking behaviour, but did not receive protection,害羞草研究所� the court ruling says. 害羞草研究所淪he was told her former roommate had the right to open carry a firearm. Eventually, she stopped calling the police.害羞草研究所�

In her ruling, Pallotta says the appeal panel erred by requiring 害羞草研究所減erfect state protection害羞草研究所� from the U.S., instead of adequate protection.

The judge sent Bloodworth害羞草研究所檚 case back for consideration by a different panel of the refugee board害羞草研究所檚 appeal division.

Pallotta ruled that the original appeal panel害羞草研究所檚 finding that Bloodworth wouldn害羞草研究所檛 get state protection from the U.S. due to how police handled her complaints was 害羞草研究所渃ontrary to the evidence.害羞草研究所�

The appeal panel said the original rejection of refugee status stemmed from failing to consider how open-carry gun laws in Colorado coupled with 害羞草研究所渢he general climate of anti-trans hatred害羞草研究所� in America could make Bloodworth 害羞草研究所減erpetually vulnerable and at risk.害羞草研究所�

But Pallotta said that refugee claimants have a 害羞草研究所渉eavy burden害羞草研究所� 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, 害羞草研究所渁nd they害羞草研究所檙e only getting stronger with the more messed up things that the U.S. is doing.害羞草研究所�

害羞草研究所淓ven though the U.S. is a democracy, this isn害羞草研究所檛 stopping the politicians in the U.S. from doing these horrible things, which shows that even though it害羞草研究所檚 a democracy, democracy in and of itself is not a source of state protection,害羞草研究所� she said.

Bloodworth said if she害羞草研究所檚 sent back to the U.S., she害羞草研究所檇 be at risk of harm anywhere she goes.

害羞草研究所淭he people who ingest the same hate speech against trans people, the same people who hear that we害羞草研究所檙e groomers and we害羞草研究所檙e out to target children and all this other nonsense, they exist in Colorado, too. I mean, there害羞草研究所檚 no place in the U.S. where these people don害羞草研究所檛 exist,害羞草研究所� Bloodworth said. 害羞草研究所淚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 can害羞草研究所檛 live in the U.S.害羞草研究所�

The Department of Justice lawyer on Bloodworth害羞草研究所檚 case did not respond to a request for comment on this story.

Darryl Greer, The Canadian Press