Refugee Protection Division ignored evidence that U.S. military justice system fails to meet basic fairness standards

by War Resisters Support Campaign | Feb. 6, 2013:

TORONTO – On Friday, February 1, the Federal Court of Canada released a decision granting United Stated (US) war resister Jules Tindungan a new hearing before the Immigration and Refugee Board (IRB). The Court found errors in the original IRB decision pertaining to issues which are at the heart of asylum claims by US soldiers in Canada.

Mr. Tindungan is one of dozens of former US soldiers who have sought asylum in Canada because of their objection to the wars in Iraq and Afghanistan. Tindungan refused to return to combat for the United States military in 2008 after serving a 15 month combat tour and seeing first-hand the breaches of the Geneva Conventions committed by US forces.

Mr. Tindungan argued before the Refugee Board that he faces differential punishment in the US because he has spoken out publicly against US military actions in Iraq and Afghanistan. He also argued that he would not get a fair trial if returned because the US court-martial system is not an independent and impartial tribunal as required under Canadian and International law.

by Obert Madondo | The Canadian Progressive, March 11, 2011:

How disappointing that Prime Minister Stephen Harper’s Conservative government reappointed Immigration and Refugee Board adjudicator, David McBean, to another five-year term after he rejected all 169 cases he adjudicated since 2007. McBean’s record automatically strikes terror in the heart of any would-be refugee. I’m speaking from personal experience.