Bethany Smith was a 23 year old lesbian, who experienced severe harassment in the US army because of her sexual orientation, the extent that she feared for her life and came to Canada, where she filed a refugee claim. Canada has said no.
Her claim was refused by the Refugee Protection Division because they said Smith had not established a serious risk of persecution nor rebutted the presumption of state protection.
She applied for judicial review (an appeal); and won. The matter was sent back before another Refugee Protection Division member, and refused again. Smith took a second judicial review; it was denied. She appealed that denial to the Federal Court of Appeal, who refused to interfere.
So Smith is out of luck.
Canada is much less likely to recognize claims from U.S. citizens who claim refugee protection than, for example, in the days of the Vienam war.
Her claim was refused by the Refugee Protection Division because they said Smith had not established a serious risk of persecution nor rebutted the presumption of state protection.
She applied for judicial review (an appeal); and won. The matter was sent back before another Refugee Protection Division member, and refused again. Smith took a second judicial review; it was denied. She appealed that denial to the Federal Court of Appeal, who refused to interfere.
So Smith is out of luck.
Canada is much less likely to recognize claims from U.S. citizens who claim refugee protection than, for example, in the days of the Vienam war.
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