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*Being a war deserter does not in of itself mean that either a refugee claim or an application for permanent residency based on humanitarian & compassionate (“H&C“) grounds will succeed. Decisions in the claims for refugee protection of Jeremy Hinzman (the principal claimant), Nga Thi Nguyen (the female claimant), and Liam Liem Nguyen Hinzman (the minor claimant), made under section 99(1) of the Immigration and Refugee Protection Act. http://www.irb-cisr.gc.ca/Eng/BoaCom/decisions/Pages/hinzmanIntro.aspx

• Executive summary
• Full text decision

Case summary:  Jeremy Hinzman, an American soldier who brought his family to Canada in 2004 to avoid deployment to Iraq. After having been denied refugee status in a case which went up the Federal Court of Appeal in 2007, Hinzman filed both Humanitarian and Compassionate (H&C) and Pre-Removal Risk Assessment (PRRA) applications to remain in Canada. Both applications were denied, and Hinzman sought judicial review of the H&C at the Federal Court. The Federal Court dismissed the application for judicial review but allowed an appeal to the FCA questioning regarding punishment for desertion can constitute hardship in the context of an H&C application. The Federal Court of Appeal allowed the appeal on the grounds that the H&C decision failed to consider the potential hardship arising from Hinzman’s moral, political and religious objections to serving in Iraq. Hinzman v. Canada (Citizenship and Immigration), 2010 FCA 177 (CanLII) — 2010-07-06 Jeremy Hinzman (A.K.A. Jeremy Dean Hinzman), Nga Thi Nguyen and Liam Liem Nguyen Hinzman (A.K.A. Liam Liem Nguye Hinzman) v. Minister of Citizenship and Immigration, 2007 CanLII 50078 (SCC) — 2007-11-15 Status of Convention Refugee attained upon presenting proof of persecution within all countries of inhabitancies.

1. v. Canada (Immigration and Refugee Board), 2001 CanLII 26842 (CA IRB), <http://canlii.ca/t/1t5st> retrieved on 26 Oct. 2014

Reasons and Decision behind why one may not be considered a convention refugee Bayat v. Canada (Minister of Citizenship and Immigration), [1999] 4 FCR 343, 1999 CanLII 9354 (FCA), <http://canlii.ca/t/4lql> retrieved on 26 Oct. 2014.