U.S. deserter loses refugee claim
Several grounds for appeal of decision, Hinzman's lawyer says
Shannon Kari
For CanWest News Service
March 25, 2005
TORONTO - A U.S. soldier who deserted the military because of his opposition to the occupation of Iraq intends to appeal a ruling released Thursday that denied his request for refugee status in Canada.
An Immigration and Refugee Board adjudicator found that Jeremy Hinzman does not have a "well-founded" fear of prosecution and is not a person "in need of protection" if deported to the United States.
The adjudicator, Brian Goodman, also turned down refugee bids by Hinzman's wife and their two-year-old son, who arrived in Canada with the former infantryman in January 2004.
"I find that Jeremy Hinzman is not a conscientious objector because he is not opposed to war in any form, or to the bearing of arms in all circumstances due to his genuine political, religious or moral convictions," Goodman wrote.
The adjudicator also found that a potential penalty of between one to five years in jail if Hinzman is deported and prosecuted by the U.S. army "is not grossly disproportionate to the inherent seriousness of the offence of desertion."
Hinzman, 26, was a member of the 82nd Airborne Division when he deserted the army a few weeks before he was scheduled to be sent to Iraq. He is the first U.S. soldier to apply for refugee status in Canada as a result of the war in Iraq.
His lawyer, Jeffry House, said Thursday that while he is disappointed with the ruling, he believes there are a number of grounds to seek leave to appeal the decision to the Federal Court of Canada.
"The obvious basis of appeal is that they would not let us bring evidence that the war in Iraq is illegal," House said.
"You should not be sent to jail for refusing to do something that is illegal."
Goodman ruled last November that the legality of the war in Iraq was "not relevant" to the questions the board was required to answer in deciding whether Hinzman and his family qualified as refugees.
However, House said there are a number of precedents for looking at the legality of the U.S. actions in Iraq. He said the Immigration and Refugee Board has previously accepted refugee claims by soldiers who deserted the Serbian army and Russian soldiers who did not want to serve in Chechnya.
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