I've been ruminating about what to do about a decision the Gender Recognition Panel made in my case. I could barely afford the application fee and I certainly can't afford an appeal. What I would like to do is make a complaint, for whatever good that does. The person who reviewed my application actually failed to read the documents I submitted and there's no appeal from that, so at least getting my money back would be a start.
What I can't figure out is who to complain to - whether there's a minister in charge of this whole shoddy process or something like we have here, which is an ombudsman. Is there anything like that in the UK? If you have contacts there, can you ask anyone you know who might know?
Thanks,
Dennis
Oops, never mind. They've redesigned the website and I can now see the complaints process. I'll keep you updated on what happens.
Posted on: October 01, 2008, 06:46:02 pm
Sent them this:
Dear Sirs/Mesdames:
Re: Case number xxxxx
I have a complaint about the way my application was handled by the tribunal member dealing with my application, or on the published criteria for an overseas application.
The criteria for the overseas application indicate that you must show that your gender has been recognized by the jurisdiction in which you live (if you live overseas). I live in Canada and submitted three pieces of identification, all of which state that my sex is male, one from my provincial government (British Columbia) and two from the federal government (Canada). I included my driver's licence, passport, and citizenship card, all of which list my sex as male.
The decision clearly indicates that the tribunal member completely failed to look at the documentation submitted. The tribunal member states that it is in a male name, but does not change my birth gender. My birth gender is female and every piece of identification submitted says that my sex is male. This is not an error on a point of law, and so an appeal would be pointless and expensive. The fees for this tribunal are, by Canadian standards, expensive.
The tribunal member also stated that there is specific legislation in several Canadian "states" to change gender. I can assure you, that as a barrister and solicitor of 11 years' call, that there are no states in Canada and that there is no legislative process by which to change gender, save for section 27 of the Vital Statistics Act in the province of British Columbia, which only applies to people born in Canada. I was not born in Canada, which is why I was trying to have my birth certificate amended.
My complaint is, in essence, not about the decision itself. I want my application fee back, either because your published criteria are inaccurate or because your tribunal members have no knowledge of foreign law and are incapable of reading foreign documents, at least as far as Canada is concerned, or that the tribunal member confused Canada with the United States, which is a different country.
