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

From Niels Frenzen:

Mr. 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.

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