Supporters of an American military deserter rallied outside a Toronto courtroom Wednesday ahead of a Federal Court review of a decision that denied Jeremy Hinzman refugee status in Canada.

Hinzman, 27, left his U.S. Army unit in 2004 to avoid service in Iraq. He fled to Canada with his wife and young son.

He applied for refugee status, arguing that the U.S. invasion of Iraq violated international human rights and was illegal.

Jeremy Hinzman
Jeremy Hinzman

An immigration panel in March 2005 denied Hinzman political asylum, saying he failed to convince them he would be persecuted if he returned to the U.S.

Hinzman, who lives in Toronto and works as a bike courier, faces a court martial and five years in prison if he returns.

The Immigration and Refugee Board members said the U.S. is a democratic country and would provide Hinzman with a fair trial.

While Hinzman does oppose the war in Iraq, he is not a conscientious objector or pacifist, ruled the board.

His lawyer, Jeffry House, says he will argue that the immigration board made an error by refusing to hear expert evidence on the legality of the war.

House says he'll also argue that international law allows people to object to specific wars, while U.S. law does not.

"Where you cannot object in the U.S. to a specific war, no matter what its character, American law is underinclusive compared to international law," said House.

"International law makes it very clear you can object to a specific war if it is sufficiently atrocious."

If the Federal Court upholds the immigration board decision, House says Hinzman may launch an appeal or apply to remain on humanitarian or compassionate grounds.

Hinzman is believed to be the first American soldier to have fled to Canada because of the Iraq war, but it's believed dozens may be in the country.

" I'm aware of about 20 active refugee claims," said House. "I believe there's another 150 to 180 others who are waiting to see what the outcome is here."

It's estimated 40,000 to 60,000 U.S. draft dodgers fled to Canada during the Vietnam War.