OTTAWA — A lesbian American soldier is claiming a legal victory after a federal court ordered a fresh review of her refugee claim.

Pte. Bethany Smith, 21, deserted the U.S. Army because of alleged sexual persecution and claimed refugee protection in Canada. She said she fears for her life if she is deported to her homeland and army base in Kentucky.

“My worst fear is more harassment, being sent to the same unit, being killed by these people who have told me if I returned I will suffer the consequences,” she said.

Smith said she endured “harsh” gay bashing that ranged from derogatory comments to physical harm. Now working at an Ottawa call centre and going by the name Skyler James, she was relieved with the ruling but noted a tough legal fight ahead. The case will now go before a new refugee board hearing, which could take months or years.

Calling it a “major breakthrough,” Smith’s lawyer Jamie Liew said the case is unique because it is based on sexual persecution in the American military. It could also have broad implications about Canada’s obligations to meet international human rights standards.

“We can’t just take for granted that because someone is coming from the U.S., for example, that they wouldn’t be a legitimate refugee,” she said.

kathleen.harris@sunmedia.ca