The Federal government is challenging an American soldier's bid for refugee status in Canada. A government official confirmed the feds will oppose arefugee application from Jeremy Hinzman because he "does not fit the criterion for status refugees."

Refugee cases are heard by an independent tribunal and the federal government intervenes in hearings only when there's a novel legal argument or high public profile.

Jeffry House, a Toronto lawyer representing three U.S. military deserters under the watchful eye of the U.S., said the Immigration and Refugee Board is expected to rule within weeks on whether his clients can base their claim on the legality of the Iraq war.

Hinzman's hearing begins Dec. 6.

"No soldier can be required to violate the law, and that includes international law," House said. "If it's justified to bomb a country, that's one thing, but if it's not justified, then it's no different than blowing the heads off babies."

Hinzman is one of four American soldiers claiming refugee status in Canada.