TA5-14773

TA5-14773

Claimant is not a conscientious objector because his opposition was directed at the Iraq war specifically, he voluntarily joined the US Marines and failed to pursue available US conscientious‑objector procedures; there is no evidence that punishment for desertion would be disproportionately severe on Convention grounds or that US actions in Iraq amount to systemic state‑condoned breaches of international humanitarian law; therefore claimant is neither a Convention refugee nor a person in need of protection under s.97(1) IRPA.

Citation
TA5-14773
Parties
Claimant: XXXXX XXXXX; Adjudicator: William T. Short; Refugee Protection Officer: D. Crawford; Minister's Counsel: B. Roberts; Counsel for Claimant: Jeffry House
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
9 February 2007
Procedural Posture
Refugee Protection Claim (convention Refugee and Person in Need of Protection) / Hearing Held; Decision Reserved and Rendered
Outcome
Claim rejected — not a Convention refugee and not a person in need of protection
Legal Topics
Conscientious Objection, Desertion, Well‑founded Fear, Convention Refugee Status, Protection Against Torture
Source Language
English
Immigration Law Refugee Law International Humanitarian Law Conscientious Objection Desertion Well‑founded Fear Convention Refugee Status Protection Against Torture

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Parties

XXXXX XXXXX

Claimant

William T. Short

Adjudicator

D. Crawford

Refugee Protection Officer

B. Roberts

Minister's Counsel

Jeffry House

Counsel for Claimant

Procedural Posture

Refugee Protection Claim (convention Refugee and Person in Need of Protection) / Hearing Held; Decision Reserved and Rendered

Legal Issues

  1. 1 Whether the claimant is a conscientious objector
  2. 2 Whether the claimant would suffer disproportionately severe punishment for desertion on Convention grounds
  3. 3 Whether the US war in Iraq is condemned by the international community as contrary to basic human conduct

Ratio Decidendi

Claimant is not a conscientious objector because his opposition was directed at the Iraq war specifically, he voluntarily joined the US Marines and failed to pursue available US conscientious‑objector procedures; there is no evidence that punishment for desertion would be disproportionately severe on Convention grounds or that US actions in Iraq amount to systemic state‑condoned breaches of international humanitarian law; therefore claimant is neither a Convention refugee nor a person in need of protection under s.97(1) IRPA.

Court Disposition

Claim rejected — not a Convention refugee and not a person in need of protection

Orders

  • Claim for refugee protection rejected.
  • Decision dated February 9, 2007 by William T. Short