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鈥檚 appeal division made 鈥渞eviewable errors鈥� 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 鈥渃ompletely mystified鈥� by the court鈥檚 ruling, which was handed down in Vancouver, and is planning to take the case to the Federal Court of Appeal.

鈥淚 don鈥檛 know why the minister decided to fight this in the first place,鈥� Bloodworth said. 鈥淚t seems like they鈥檙e wasting resources fighting little old me.鈥�

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 鈥渙nly getting worse.鈥�

She said her years in Canada since arriving have 鈥渁bsolutely鈥� made her feel welcome, finding people less 鈥渦nkind鈥� than in the U.S.

鈥淚 don鈥檛 think it鈥檚 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,鈥� she said.

鈥淭he fact still remains that people in the U.S. are being radicalized against trans people. We鈥檙e being called groomers. We鈥檙e being called all sorts of things.鈥�

The court鈥檚 ruling outlines how Bloodworth sought protection in Canada, believing that police in Colorado weren鈥檛 willing to protect her from a former roommate at university who stalked her, standing outside her home with a gun.

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

In her ruling, Pallotta says the appeal panel erred by requiring 鈥減erfect state protection鈥� from the U.S., instead of adequate protection.

The judge sent Bloodworth鈥檚 case back for consideration by a different panel of the refugee board鈥檚 appeal division.

Pallotta ruled that the original appeal panel鈥檚 finding that Bloodworth wouldn鈥檛 get state protection from the U.S. due to how police handled her complaints was 鈥渃ontrary to the evidence.鈥�

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

But Pallotta said that refugee claimants have a 鈥渉eavy burden鈥� 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, 鈥渁nd they鈥檙e only getting stronger with the more messed up things that the U.S. is doing.鈥�

鈥淓ven though the U.S. is a democracy, this isn鈥檛 stopping the politicians in the U.S. from doing these horrible things, which shows that even though it鈥檚 a democracy, democracy in and of itself is not a source of state protection,鈥� she said.

Bloodworth said if she鈥檚 sent back to the U.S., she鈥檇 be at risk of harm anywhere she goes.

鈥淭he people who ingest the same hate speech against trans people, the same people who hear that we鈥檙e groomers and we鈥檙e out to target children and all this other nonsense, they exist in Colorado, too. I mean, there鈥檚 no place in the U.S. where these people don鈥檛 exist,鈥� Bloodworth said. 鈥淚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鈥檛 live in the U.S.鈥�

The Department of Justice lawyer on Bloodworth鈥檚 case did not respond to a request for comment on this story.

Darryl Greer, The Canadian Press