Jeremy Hinzman, who sought refuge in Canada from the US as a war resister in 2004, has won a review of his application for permanent residence in Canada. However, the Canadian government has since published new operational guidance suggesting that the applications from war resistors for protection from the US may be inadmissible.

Last month judges in Canada’s Federal Court of Appeal unanimously decided that a 2009 Canadian immigration decision to turn down Jeremy’s permanent residence application had not been properly considered.

The court ruled that the decision did not take into consideration Jeremy’s ‘strong moral and religious beliefs’ against being involved in war and was consequently ‘significantly flawed’.
Jeremy’s application to remain in Canada on humanitarian and compassionate grounds must now be reconsidered. The standard should be applied to other war resisters making similar applications.

‘The fact that [Hinzman’s beliefs] haven’t actually been assessed to date and that the Federal Court of Appeal has strongly said that they need to be assessed… is a very important, meaningful decision for Jeremy,’ said Alyssa Manning, Jeremy’s legal counsel.

The Canadian government’s new operational guidance was queried by the War Resisters Support Campaign. ‘The Conservative government is grasping at straws to thwart the will of Canadians and of parliament,’ said Michelle Robidoux, spokesperson for the War Resisters Support Campaign. ‘When they don’t get their way in parliament, in public opinion or in the courts, they resort to political interference in the immigration process. Canadians believe these young men and women did the right thing by refusing to participate in the Iraq war, and bureaucratic manoeuvres by this government can’t hide that fact.’

When Jeremy Hinzman left the US, he had fully engaged the US army’s process for dealing with conscientious objectors (COs). The first time that he applied to be a CO, the US army lost this file. The second time they considered his case while he was serving in Afghanistan but he was denied recognition as a CO. Ahead of the Iraq war Jeremy applied to be a non-combatant and was again refused.

Jeremy arrived in Canada on 3 January 2004 with his wife Nga Nguyen and their son Liam (they also now have a daughter).

‘Jeremy is on the library committee and their oldest child goes to First Day School,’ says Canadian Yearly Meeting clerk Anne Mitchell. ‘The family has attended Yearly Meeting and is well known through the Quaker community in Canada. ‘Toronto Quakers have indicated that they will support Jeremy and his family in whatever decision they make regarding their refugee applications in Canada.

Canadian Friends are supporting other war resisters, have opened their homes to them and have given them financial and other forms of support.

Nga has appreciated the support from the Quaker community: ‘The Quakers have been hugely supportive. Between them and the War Resisters Support Campaign they’ve made the difference to us.

‘There was a period when we were grieving after I had a miscarriage. People brought food and were wonderful.'

‘Being part of a community that espouses peace has been wonderful,’ explains Jeremy. ‘It is too tempting, though, to idealise the Quaker community. Being among Friends has shown me that peace is not a static ideal, but something that must be threshed. Friends are human, and don’t always reach the lofty heights of the peace witness. Realising this has demonstrated the importance of empathy and compassion.’