CITIZENSHIP AND IMMIGRATION
Status in Canada
Convention Refugees
Appeals from Federal Court's dismissal ([2007] 1 F.C.R. 561) of judicial review of negative refugee decision by Immigration and Refugee Board (IRB)—Applicants voluntarily enlisting in U.S. military but developing objection to war in Iraq thereafter—Deserting military, claiming refugee status in Canada—Fundamental requirement in refugee law that before claiming protection abroad, claimants sought protection from home state but protection unavailable—Appellants not entitled to refugee status since not fulfilling first criterion—Therefore not necessary to answer certified question (re: whether evidence of illegality of military action relevant) since that question connected to second stage of analysis—Appeals dismissed.
Hinzman v. Canada (Minister of Citizenship and Immigration) (A‑182‑06, A‑185‑06, 2007 FCA 171, Sexton J.A., judgment dated 30/4/07, 26 pp.)