Originally posted on The World Forum. May be viewed by clicking here.

Canada's Immigration and Refugee Board has ruled that an American soldier who deserted because he opposed the war in Iraq does not qualify for refugee status, as he would not be denied due process or unfairly persecuted if sent home. His wife and son were also denied asylum.

"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 said in a statement.

As CBC, Reuters and the Washington Post report, 26-year-old Jeremy Hinzman served in a non-combat role in Afghanistan but fled from Fort Bragg, North Carolina and entered Canada in January 2004 after his unit was given orders to go to Iraq. Hinzman said he decided to leave after his requests to be registered as a conscientious objector were ignored.

The major argument of Hinzman's refugee claim was the U.S.-led war in Iraq was illegal and violated international human rights, and he feared committing atrocities if he was sent there. But the refugee board refused to consider the legality of the U.S.-led war in Iraq.

"Our hands were tied by not being able to argue the legality of the war," Hinzman told demonstrators outside the U.S. Consulate after the decision. His lawyer, who himself fled the Vietnam War in 1970, estimates there are as many as 100 other U.S. army deserters in hiding in Canada, plus nine others who have started the asylum process. He intends to appeal the decision.

Hinzman faces a court martial back home and could be sentenced to five years in jail as a deserter.