TORONTO (CP) - An American war dodger who fled the U.S. military because he believed the invasion of Iraq was criminal has lost his bid for refugee status in Canada in a case closely watched on both sides of the border.
In a written ruling released Thursday, the Immigration and Refugee Board said Jeremy Hinzman had not made a convincing argument that he faced persecution in the United States.
Also denied asylum was Hinzman's wife and pre-school son.
"Removal to the U.S. would not subject them personally to a risk to their lives or to a risk of cruel and unusual treatment or punishment," the board decided.
"There are no substantial grounds to believe that their removal to the U.S. will subject them personally to a danger of torture."
There was no immediate comment from Hinzman but his lawyer Jeffry House said he was "disappointed" and would ask the Federal Court to review the decision.
"I'm hopeful, and there's a reasonably good chance that, in the long run, we'll be successful," House said in an interview.
Hinzman, 26, deserted his regiment in January 2004, just days before being deployed to Iraq.
During his three-day refugee hearing in December, he said any violent acts he would have committed had he gone to Iraq would have amounted to an atrocity because the war itself was illegal.
He said the U.S. military regarded all Arabs in the Middle East - Iraqis in particular - as potential terrorists to be eliminated and were referred to as "savages."
His case was bolstered by a former United States marine, who said trigger-happy American soldiers in Iraq killed unarmed women and children, and murdered other Iraqis, in violation of international law.
Adjudicator Brian Goodman had previously ruled the soldier's view of the legality of the war on Iraq could not be used to support his refugee claim.
That meant Goodman's view was only "partially informed because he didn't hear that evidence," House said.
As a deserter, Hinzman faces court martial if he returns to the United States and a potential five-year jail term.
A federal government lawyer said U.S. military deserters are normally sentenced to one year, but Hinzman said he would be treated more harshly because of his views on the Iraq war.
In any event, he said previously, having to serve even one day in prison would be too long because he was being prosecuted for acting on a political belief and for refusing to comply with an illegal order.
"Hinzman has brought forward no evidence to support his allegation that he would not be accorded the full protection of the law pursuant to the court-martial process," Goodman wrote.
"The U.S. has in place military regulations that allow for both exemption from military service and for alternative, non-combatant service for persons who can invoke genuine reasons of conscience."
While Hinzman was the first, about half-a-dozen other American soldiers are also believed to be trying to gain refugee status in Canada and as many as 100 may be in the country.
The group War Resisters Support Campaign planned a rally in Toronto on Thursday to press its demand the government allow U.S. war resisters to stay in Canada.
"We're disappointed but not surprised," said spokesman Lee Zaslofsky.
"We believe that in the end, Canada will do the right thing and allow these courageous young men to stay."
Hinzman, whose only prior knowledge of Canada was CBC radio broadcasts, has admitted that seeking asylum in Canada was seemingly "preposterous."
He enlisted voluntarily in the U.S. army for four years in November 2000, planning to have the military later pay for his university education.
He worked his way up to the rank of specialist, and was a crack infantryman with the 82nd Airborne Division based in Fort Bragg, N.C., until he deserted.
He served in a non-combatant role in Afghanistan, where his application as a conscientious objector was refused.
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