U.S. soldiers apply for refugee status in Canada

A pair of U.S. soldiers have applied for refugee status in Canada, arguing the war in Iraq is unconscionable and not worth fighting for.

Jeremy Hinzman and Brandon Hughey arrived in Canada separately earlier this year. The two have applied for refugee status, saying if they return to the United States they'll have to serve in Iraq.

Both say they believe the war in Iraq is illegal.

"You assume that it's going to be a good cause and you're going to defend your country," said Hughey. "But in the case of Iraq, it's just not a moral conflict."

Jeffrey House, the lawyer representing the soldiers, says his clients face court martials and possibly jail time if they return.

"I'm asking a judicial body to find that there is fear of persecution when a U.S. soldier is to be placed in custody because he doesn't want to go to Iraq and bear arms," said House.

Hinzman, the first of the two to arrive in Canada, enlisted in the army in January 2001. He failed to get out of combat duty before his unit was shipped to Iraq, and packed up his family to come to Canada.

"My life isn't that significant, but also it's not so worthless as to be killed or to go kill innocent people," said Hinzman.

The two men have created websites, and Hinzman has embarked on a media campaign to publicize his case.

An immigration expert and former refugee judge says no American citizen has made a successful refugee claim in Canada. But Audrey Macklin says incidents like the prisoner abuse scandal could help their cases.

"Their claim is not entirely far-fetched. Recent events have certainly added some weight to the plausibility of their claim," said Macklin.

Hinzman will argue before the immigration and refugee board in October; it's not known when Hughey will.