Xtra.ca – Samantha Sarra
On Fri, Apr 18 a refugee claimant will get a second chance to stay in Canada. Viviana Contreras Hernandez — legally Jose Arturo Contreras Hernandez — was granted a new hearing in December after a federal court justice ruled that Hernandez’s transsexuality wasn’t taken into account when determining the danger she would face if returned to Mexico.
“There was significant compelling evidence before the [Immigration and Refugee] Board indicating the lack of adequate state protection for homosexuals and specifically crossdressers, individuals who are more visible and therefore an easy target to homophobic elements in Mexican society,” says Hernandez’s lawyer Lani Gozlan. “Viviana’s identity as a crossdresser and visibility was ignored in that decision.”