Judge gives Somali refugee criminal more time to fight deportation
The ruling comes as new immigration tribunal guidelines make it easier for convicted foreign nationals to seek delays while appealing their convictions.
Author: Alex Dhaliwal
A convicted drug trafficker and sex offender facing deportation has won more time to appeal his guilty pleas after arguing that his lawyer downplayed the immigration consequences of his crimes.
Alberta Court of Appeal Justice Kevin Feth granted Mahir Yahya Sharif an extension to appeal his 2022 convictions, warning that deportation could expose the seriously mentally ill refugee to grave danger, according to the National Post.
Sharif pleaded guilty to trafficking large quantities of methamphetamine and fentanyl to undercover officers, sexual assault, taxi fraud, theft under $5,000 and mischief. He served three years in prison.
The sexual assault involved Sharif digitally penetrating another patient for approximately 10 minutes while both were receiving psychiatric treatment, according to the ruling.
Sharif entered Canada through the refugee resettlement program in 2019 and was a permanent resident when convicted.
Immigration proceedings began in 2024 after his convictions made him inadmissible for serious criminality. A delegate for Immigration Minister Lena Metlege Diab declared Sharif a present and future danger to Canadians, citing his serious crimes, lack of rehabilitation and difficulty following rules.
Sharif argued that his former lawyer told him the charges were not serious enough to make deportation likely.
“When I pled guilty to the charges, I did not know that a conviction for sexual assault or a sentence of more than six months would make me inadmissible in Canada and subject to deportation,” he said.
Feth ruled that refusing an extension could have the “unduly punitive effect” of removing Sharif based on guilty pleas he might not have entered if properly informed.
“The decision to remove Mr. Sharif given his mental health condition and concomitant needs is harsh,” Feth wrote.
Sharif was born in Saudi Arabia to Somali parents, speaks Arabic and does not speak Somali. Somalia has reportedly refused to issue him travel documents, while Canadian officials planned to fly him to Nairobi and leave him to make his own way to Somalia.
Feth also cited evidence that Al-Shabaab may consider deportees from Western countries to be spies.
“His removal may well result in serious risks to his safety,” the judge said.
The ruling comes after the Immigration and Refugee Board expanded when foreign nationals may seek to postpone admissibility hearings that can lead to deportation.
Previously, hearings could generally be rescheduled only in “exceptional circumstances.” Under guidelines effective Jun. 1, tribunal members must weigh several factors when a convicted foreign national requests a delay pending a criminal appeal.
Those factors include whether an appeal has been filed, how quickly it is expected to conclude, whether it could make the admissibility hearing unnecessary, potential prejudice to either side and whether postponement would create an unreasonable delay.
The IRB said the changes promote “fairness, efficiency, transparency and consistency” and reflect existing Federal Court jurisprudence. It noted that border officials can still arrest and detain applicants considered a danger to the public.
Conservative immigration critic Michelle Rempel Garner warned the changes could worsen deportation delays and called on Ottawa to “deport non-citizens convicted of serious crimes in Canada.”
Canada deported 934 foreign nationals for criminal inadmissibility in 2025, according to Canada Border Services Agency data.