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granting asylum on the basis of trsansgender criteria
here is a news article about a salvadorian transgender woman who has been granted asylum in the usa on the basis that she would face harassment or possible death of she were to be returned to el salvador. she was kept in detention (“ice”, they call it) for two and a half years.
this raises in my mind, the question, what would the australian government do in a similar situation? two and a half years at villawood or on christmas island? would she be allowed to stay on the same basis? does this open the door for any transperson to seek asylum in usa (or australia) on the basis of transgender discriminaiton by way of harassment or possible death in their home country (which would be a fairly common situaiton)? i hope so.
but not only that, what constitutes “transgender” in these circumstances? would a transwoman, to qualify, need to be post op? should a government take a generous view as to what constitutes a transperson in these circumstances?
what do you think?
http://www.prweb.com/releases/2010ICE-release/12/prweb4879224.htm
Quote:Immigration Releases Transgender Woman Under the Convention Against TortureA Salvadorian Transgender Woman was recently released after 2.5 years in ICE custody. Thanks to an immigration lawyer at Feldman Feldman & Associates, PC the transgender woman may now live openly without facing the regular beatings she experienced in El Salvador.
San Diego, CA (PRWEB) December 9, 2010
Immigration and Customs Enforcement (ICE) recently released a Salvadorian Transgender Woman known as “Karla” after she was granted Deferral of Removal under the Convention Against Torture (CAT) by a San Diego Immigration Judge (IJ.) Karla’s release and legalized status in the US constitutes the culmination of a two and a half year long struggle with ICE. Most importantly for her, Karla is now able to live openly in a free society without fear of harassment and killings that transgender individuals face in El Salvador.
Deferral under CAT is one of the most difficult and limited forms of relief available to immigrants and requires a showing that the individual would more likely than not be tortured by government officials if returned to her country of origin. Fortunately for Karla, Feldman Feldman & Associates, PC an immigration law firm represented Karla pro bono.
According to one of Feldman Feldman & Associates’ Immigration Attorneys, Danielle Rosché who spearheaded Karla’s defense:
“The unfortunate reality is that violence is the natural consequence of being transgender in El Salvador. Through independent reports and my client’s own personal experiences we were able to clearly show to the IJ the dangerous reality for transgender women there. In El Salvador, police and society at large routinely target transgender women for violence. My client suffered repeated beatings, and was routinely harassed and assaulted while simply walking down the street. Without the protection of the US, my client would face abuse and death in El Salvador and expresses her appreciation to the US government and the IJ in her case”
Karla is happy to be out, and looking forward to living and working in the real world again after spending 30 months in immigration detention.
More information on asylum, deportation assistance, and other protections the US provides to LGBTQ individuals can be found at http://www.immigrateme.com.
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2 Replies
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Virginia, I want to believe Australia would accept all transgendered persons as refugees, regardless of any medical or surgical interventions. It must only be about the degree of danger to this person because they have come into conflict with a cultural intolerance of gender variance.
I wonder if we have any right to prevent the free flow of population. My own european ancestry although basically english, is largely french, Saxon. & a few other bits. Migration is a part of the human condition
That’s how I want to see the world
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i want to caution everyone here. All regimes come to an end eventually. Political correctness will too. It is definately reaching its height. I predict in up to 20 years the wave will break and roll back. I’m on the verge of transitioning but I’m definately worried about fututre possiblitites.
Sorry to be pessamistic but it’s unlikely the western world can last much longer at this rate.
I wish we could bring in every t-girl from south america but i am not positve about the future.
any thoughts?
