Refugee board ordered to take another look at U.S. war dodger's failed asylum bid

The Federal Court has ordered Canada's refugee board to take another look at an American deserter's failed refugee claim.

In a ruling issued today, the court found the board had made a mistake in turning down Joshua Key's bid for asylum.

The court found that a someone who refuses to take part in military action which `systematically degrades, abuses or humiliates' combatants or non-combatants might qualify as a refugee.

The court also found that the board should hear evidence on whether deserters like Key can rely on the American government to treat them fairly.

Key served as a combat engineer for eight months in Iraq 2003, where he says he was involved in, or witnessed soldiers, committing savage acts against civilians.

While on leave in November 2003, the deeply troubled Oklahoman father of four decided he could not return to Iraq and fled to Canada.