Canada’s refugee board was ordered on Friday to take another look at an American deserter’s failed bid for asylum in a court ruling that could affect scores of other US soldiers who have refused to fight in Iraq.
Canada’s Federal Court found that the Immigration and Refugee Board made mistakes in turning down Joshua Key’s claim for asylum.
Key served with the US Army in Iraq in 2003 before deserting to Canada with his family while on leave.
As many as 200 US military deserters are believed to have come to Canada to avoid serving in the Iraq War.
Canadian immigration officials and the courts had so far rejected efforts to grant them refugee status, but this is the first ruling in their favor and it could affect other cases.
Key, a 30-year-old father of four, served as a combat engineer for eight months in Iraq in 2003.
He has said that US soldiers committed savage acts against civilians and routinely killed innocent people.
While the board deemed him credible, it denied his claim for refugee status on the grounds that he was not required by his superiors to systematically commit war crimes.
But Federal Court Justice Robert Barnes disagreed with that analysis and said that being forced to participate in military misconduct, even if it stops short of a war crime, may support a claim for protection in Canada.
Military action that “systematically degrades, abuses or humiliates” either combatants or noncombatants could provide such support, Barnes wrote.
“It’s quite a statement,” Key said. “It makes us feel good — probably everybody within this whole process.”
Lee Zaslofsky, of the War Resisters Support Campaign, was happy with Friday’s ruling.
“Oh my God, that’s wonderful,” said Zaslofsky, who came to Canada from the US in the 1970s to avoid the Vietnam War draft.
“Oh wow. Oh wow. That’s big. That affects all cases,” he said.
Key, a native of Oklahoma, fled to Canada after deserting during a leave in November 2003.
In turning down several similar asylum claims, the refugee board has consistently argued that the US is a democracy, which affords deserters due judicial process.
However, the court said the board should hear evidence on whether deserters can rely on the US government to treat them fairly.
Key’s lawyer, Jeffry House, said the ruling may help the cases of others.
“It’s a huge victory for numerous soldiers who are here and maybe others who are thinking of coming here,” House said.
A spokeswoman for Canadian Immigration Minister Diane Finley said they were reviewing the court decision.
During the war in Vietnam, thousands of American fled to Canada to avoid the draft. Many were given permanent residence status that eventually resulted in citizenship.
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