U.S. Army Deserter May Have Valid refugee Claim

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An American war deserter could have a valid claim for refugee status in Canada, the Federal Court ruled on Friday.

The recent decision by Canadian Federal Court Justice Robert Barnes may have an effect on future refuges claims. Barnes said that Canada's refugee board erred by rejecting the asylum bid of Joshua Key . Barnes has ordered that a new panel reconsider the application.

In 2003, Key was in Iraq, for eight months, serving as a combat engineer , while there he claims that he was responsible for nighttime raids on private Iraqi homes, which included searching for weapons.

In addition, while in Iraq witnessed several cases of abuse, humiliation, and looting by the U.S. army.

Key back home on a two week leave was experiencing nightmares and did not want to go back. he consulted with a military lawyer who told him that he had two choices, either return to Iraq or face prison.

Key took a third option and left for Canada with his family where he applied for refugee status.

The immigration board arrived at the conclusion that some of the alleged conduct by the U.S military included a "disturbing level of brutality," however, it said the conduct did not meet the definition of a war crime or a crime against humanity.

Barnes stated that the board was incorrect because “by concluding that refugee protection for military deserters and evaders is only available where the conduct objected to amounts to a war crime, a crime against peace or a crime against humanity."

Barnes cited a case from the U.S. Federal Court of Appeal, and said officially condoned military misconduct could still support a refugee claim, even if it falls short of a war crime.

"The authorities indicate that military action which systematically degrades, abuses or humiliates either combatants or non-combatants is capable of supporting a refugee claim where that is the proven reason for refusing to serve," Barnes wrote.

The board imposed a legal standard that was "too restrictive" on Key.

Jeffry House is Key's lawyer and he said the ruling expands a soldier's right to refuse military service.

"It's a huge victory for numerous soldiers who are here and maybe others who are thinking of coming here," House said.

The court decision is under review by Canadian immigration.