(National Post) A Florida woman must again make her case for refugee status in Canada after fleeing north of the border to avoid a 30-year prison sentence in the United States for having sex with a 16-year-old boy who was on her son’s baseball team

Denise Harvey, 47, came to Canada with her husband in 2010, before she could be sent to prison in Florida, and claimed refugee status saying she faced “cruel and unusual punishment” from the lengthy prison sentence after her convictions on five counts of unlawful sexual activity with a minor.

The Immigration and Refugee Board granted her asylum, ruling her actions would not constitute a crime if she had carried them out in Canada, a decision that was appealed to the Federal Court of Canada.

In a decision released Thursday, Justice Anne Mactavish granted the appeal, stripping Ms. Harvey of her refugee status for now, but allowing her a chance to again argue one element of her case.

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