On July 15, 2008, Canada transferred US Army deserter Robin Long back to US custody following a decision by the Federal Court of Canada denying his asylum request. The Immigration and Refugee Board of Canada (IRB) considers numerous factors when deciding whether to grant an applicant asylum, including the reasons for the objection to deployment, the likely legal consequences of resisting deployment and the availability of remedies other than Canadian refugee status. In Long’s case, the court said he had not adequately substantiated his risk of persecution in the US were he to be denied asylum. Under Canadian law, he could only remain in the country if he had been granted asylum status. Long was the first US military personnel avoiding deployment to Iraq in Canada to be returned to the US.


Flag of Canada

Learn more about military justice from the JURIST news archive.