BUFFALO, N.Y. - A former U.S. Army sergeant who has been living in Toronto as a war resister has been denied refugee status there.

Patrick Hart of Buffalo and his family must leave Canada by October 30th or they will be deported.

The Canadian Border Services Agency also turned down a request by Hart and his wife to stay in Canada with their six-year-old son on humanitarian and compassionate grounds.

Hart had been in the army for nearly a decade before going to Toronto in 2005 while preparing for a second deployment to the Middle East.

He feels the U.S. presence in Iraq is morally wrong.

Hart's attorney says she will file an appeal.