OTTAWA, July 7 (UPI) -- Canada's appellate court has ruled a U.S. Army deserter's beliefs must be taken into account in deciding whether to deport him back to the United States.
A three-judge panel of the Federal Court of Appeals issued a unanimous decision Tuesday saying a Canadian immigration officer's decision to turn down Jeremy Hinzman application for permanent residency was "significantly flawed and therefore unreasonable" because the officer had not considered Hinzman's beliefs and motivations, Canwest News Service reported.
"This officer missed the point and only considered refugee-type questions," his attorney, Alyssa Manning, told Canwest. "Hinzman's beliefs, his whole reasons for being in Canada in the first place, weren't considered by the H&C officer, and that's what was significantly flawed about (the officer's) decision."
Hinzman, who served in Afghanistan in 2002 and 2003 but became an opponent of the war in Iraq, fled to Toronto in 2004. He seeks to stay in Canada on humanitarian and compassionate grounds.
His case will now go back for another hearing before a different immigration officer.
Michelle Robidoux, a spokeswoman with the War Resisters Support Campaign, said the appellate ruling is important for other war resisters in Canada, as well.
"It's time for the Harper government to stop deporting them and to let them stay in Canada," she said.
There was no immediate reaction from Federal Immigration Minister Jason Kenney, Canwest said.
