The first U.S. Iraq war resister to seek refuge in Canada has won another shot at permanent residence.

The Federal Court of Appeal ruled unanimously Tuesday that a Canadian immigration official failed to consider the hardships of high-profile American deserter Jeremy Hinzman when she denied him permanent residence in Canada.

The court said the official’s June 2009 rejection of Hinzman’s permanent residence application was “significantly flawed” because the officer did not take into consideration Hinzman’s “strong moral and religious beliefs” against participation in war.

That means officials must another look at Hinzman's application to remain in Canada on humanitarian and compassionate grounds.

“The reason Jeremy was in Canada in the first place is because of his sincerely held beliefs,” said Alyssa Manning, legal counsel for Hinzman.

“The fact that (Hinzman’s beliefs) haven’t actually been assessed to date and that the Federal Court of Appeal has strongly said that they need to be assessed . . . is a very important, meaningful decision for Jeremy.”

Hinzman was the first U.S. Iraq war resister to seek refuge in Canada.

He along with his wife Nga Nguyen and their son Liam arrived in Canada on Jan. 3, 2004. Their daughter Meghan was born in Toronto on July 21, 2008. The family remains in Canada.

The immigration officer “had the duty to look at all of the appellants’ personal circumstances, including Mr. Hinzman's beliefs and motivations,” the court said.

Hinzman, of Rapid City, S.D., was a former U.S. Army specialist from the 82nd Airborne Division in Fort Bragg, N.C.

With files from The Canadian Press