Canada: No Refugee Status for Army Deserter
TORONTO (AFP) - Canada denied refugee status to a US soldier who fled his unit rather than fight in Iraq (news - web sites), in a judgement issued by immigration authorities.
Jeremy Hinzman, 26, had filed for refugee protection arguing he would face persecution for his political beliefs or cruel or unusual punishment if returned to the United States.
"The Refugee Protection Division (RPD) found Mr. Hinzman, his wife and son not to be Convention refugees or persons in need of protection and rejected their claims for refugee protection," said the judgement issued by Canada's Immigration and Refugee Board.
Afghan war veteran Jeremy Hinzman will now appeal the decision to a Canadian federal court, and will continue his battle to stay in Canada, his lawyer, Jeffry House (eds: correct) told CBC television.
"Its a disappointing decision," said House.
Should Hinzman's court appeal founder, his last resort would be an plea to Canada's immigration minister for leave to stay in the country on compassionate grounds.
The South Dakota-born infantryman argued in a three day tribunal here last December that he was within his legal rights to walk out on the 82nd Airborne division, as he could have been asked to commit atrocities in what he deems an "illegal" war in Iraq.
But the IRB had already ruled that it would not consider the legality of the Iraq war in coming to its determination in the case.
It found that Hinzman would be offered protection by a fair and independent military and civilian justice system should he be returned to the United States.
It also ruled "Mr. Hinzman was not a conscientious objector," and that the punishment he would likely receive as in the United States was not "excessive or disproportionately severe."
Hinzman faces a five-year prison term if his bid to stay in Canada is ultimately unsuccessful and he is returned home.
He fled to Canada with his Laotian wife and two-year-old son last year after learning he was to be sent to Iraq.
He testified at his hearing that he gradually realized during nearly three years in the army that he could not kill another human being, and lashed out at the military's strategy of "dehumanising" recruits to make them killing machines.
"Given that I enlisted for a noble country, doing noble things, I thought, if called upon I would do it. After being trained, I realized I could not," he said.
Hinzman's plea to become a conscientious objector was turned down by the US military, and he said he was left no option but to desert, faced with fighting a war he saw as immoral and illegal.
Observers had always seen Hinzman's claim is a longshot, given that he was a volunteer soldier, and that no previous US combatant has been awarded refugee status in Canada.
Hinzman is seen as a test case for at least six other US soldiers who have filed for refugee status.
Hinzman's case has sparked some sympathy in Canada, which opposed the Iraq war and declined to send troops.
But some observers feared a positive verdict could have sparked a flood of similar claims from disgruntled US soldiers.
TORONTO (AFP) - Canada denied refugee status to a US soldier who fled his unit rather than fight in Iraq (news - web sites), in a judgement issued by immigration authorities.
Jeremy Hinzman, 26, had filed for refugee protection arguing he would face persecution for his political beliefs or cruel or unusual punishment if returned to the United States.
"The Refugee Protection Division (RPD) found Mr. Hinzman, his wife and son not to be Convention refugees or persons in need of protection and rejected their claims for refugee protection," said the judgement issued by Canada's Immigration and Refugee Board.
Afghan war veteran Jeremy Hinzman will now appeal the decision to a Canadian federal court, and will continue his battle to stay in Canada, his lawyer, Jeffry House (eds: correct) told CBC television.
"Its a disappointing decision," said House.
Should Hinzman's court appeal founder, his last resort would be an plea to Canada's immigration minister for leave to stay in the country on compassionate grounds.
The South Dakota-born infantryman argued in a three day tribunal here last December that he was within his legal rights to walk out on the 82nd Airborne division, as he could have been asked to commit atrocities in what he deems an "illegal" war in Iraq.
But the IRB had already ruled that it would not consider the legality of the Iraq war in coming to its determination in the case.
It found that Hinzman would be offered protection by a fair and independent military and civilian justice system should he be returned to the United States.
It also ruled "Mr. Hinzman was not a conscientious objector," and that the punishment he would likely receive as in the United States was not "excessive or disproportionately severe."
Hinzman faces a five-year prison term if his bid to stay in Canada is ultimately unsuccessful and he is returned home.
He fled to Canada with his Laotian wife and two-year-old son last year after learning he was to be sent to Iraq.
He testified at his hearing that he gradually realized during nearly three years in the army that he could not kill another human being, and lashed out at the military's strategy of "dehumanising" recruits to make them killing machines.
"Given that I enlisted for a noble country, doing noble things, I thought, if called upon I would do it. After being trained, I realized I could not," he said.
Hinzman's plea to become a conscientious objector was turned down by the US military, and he said he was left no option but to desert, faced with fighting a war he saw as immoral and illegal.
Observers had always seen Hinzman's claim is a longshot, given that he was a volunteer soldier, and that no previous US combatant has been awarded refugee status in Canada.
Hinzman is seen as a test case for at least six other US soldiers who have filed for refugee status.
Hinzman's case has sparked some sympathy in Canada, which opposed the Iraq war and declined to send troops.
But some observers feared a positive verdict could have sparked a flood of similar claims from disgruntled US soldiers.
