Hinzman loses

Jeremy Hinzman lost his application for refugee status in Canada back on the 16th. A copy of the Hinzman Decisions (TA4-01429, TA4-01430, TA4-01431), before the Government of Canada, Immigration and Refugee Board is here. Please note that this does not mean that he will be deported from Canada to face charges, only that he may not remain in Canada as a refugee. Hinzman does plan to appeal.

There were apparently several fatal flaws to his case.

71. Mr. Hinzman has failed to offer sufficient evidence to establish that he was, or would be, denied due process with respect to his application for conscientious objector non-combatant status, or that he would be denied due process or be treated differentially, were he to return to the US and be court-martialled.
72. I find that Mr. Hinzman has not rebutted the presumption that the US system of military justice, including court-martialling, is fair and independent, nor has he established any persecutory intent toward him on the part of enforcement officials, prosecutors or judges within the US military justice system.
73. Mr. Hinzman’s failure to rebut the presumption of state protection by the US is fatal to his claims under both sections 96 and 97 of the Act. In view of the public interest in these claims, I have nevertheless proceeded to consider other issues associated with Mr. Hinzman’s claim.

This means that because the US military has a justice system that affords proper protection to servicemembers, even deserters like Hinzman, that this case was lost.

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Hinzman decision]