TORONTO—On Tuesday, the Federal Court of Canada released a decision reaffirming there is evidence that U.S. Iraq War resisters are targeted for punishment because of their political beliefs if returned to the United States. The judgment in the judicial review of Iraq War resister and veteran Dean Walcott’s case also confirms that immigration officers must consider the war resisters’ sincerely held moral, political and religious beliefs.

This is the ninth Federal Court or Federal Court of Appeal decision in favour of Iraq War resisters since 2008 and the seventh Federal Court decision to recognize that there is evidence that these war resisters are targeted for more severe punishment because they have expressed their objections to the Iraq War.

In his decision, The Honourable Yves de Montigny concurred with the Federal Court of Appeal’s unanimous July 2010 decision that Iraq War resisters’ sincerely held beliefs must be assessed and cannot be ignored by immigration decision-makers.

Justice de Montigny was critical of the immigration officer’s cookie-cutter reasons for denying Walcott’s Pre-Removal Risk Assessment (PRRA) application, calling them “disturbingly similar” to those that were provided in the case of the first female Iraq War resister, Kimberly Rivera. Each case is supposed to be decided on its own merits.

The decision means that Walcott, a former U.S. Marine, will get another chance to apply for a PRRA and for permanent residence processed from within Canada on humanitarian and compassionate grounds. Immigration officers must take into consideration whether he will face the risk of “differential and therefore persecutory punishment on the basis of political opinion” if deported, and whether humanitarian and compassionate values, including the freedom of thought, conscience and religion, warrant Walcott being able to stay in Canada.

“This decision will have a positive impact on all Iraq War resisters’ cases,” said Michelle Robidoux, spokesperson for the War Resisters Support Campaign. “The question now is, how many such decisions does Immigration Minister Jason Kenney need before he respects the will of the majority Canadians and allows Iraq War resisters to stay?”

“The immigration minister has intervened persistently and inappropriately, attempting to prevent war resisters from getting fair hearings,” said Robidoux. “The next government must rescind CIC Operational Bulletin 202, and let Iraq War resisters stay in Canada.”

Walcott came to Canada in December 2006 after serving two tours of duty in Iraq. His first-hand experiences led him to reject the war.