TORONTO - The Federal Court of Appeal says a Canadian immigration official failed to consider the hardships a high-profile American deserter in denying him permanent residence in Canada.
In a unanimous judgment Tuesday, the court called the immigration officer's rejection of Jeremy Hinzman's application "significantly flawed" and "unreasonable."
The court ruled that officials must take another look at Hinzman's application to be allowed to remain in Canada on humanitarian and compassionate grounds.
Hinzman was the first U.S. Iraq War resister to seek refuge in Canada.
He, along with his wife Nga Nguyen and their son Liam arrived in Canada on January 3, 2004.
Their daughter Meghan was born in Toronto on July 21, 2008.
The Federal Court of Appeal noted that Hinzman holds "strong moral and religious beliefs" against participation in war.
The immigration officer "had the duty to look at all of the appellants' personal circumstances, including Mr. Hinzman's beliefs and motivations," the court said.
"This decision is important for all Iraq War resisters in Canada," said Michelle Robidoux, spokeswoman for the War Resisters Support Campaign. "The Federal Court of Appeal has clearly said that immigration officers can no longer ignore the sincerely held beliefs of these soldiers."
Hinzman, of Rapid City, S.D., was a former U.S. Army specialist from the 82nd Airborne Division in Fort Bragg, N.C.
