IF WE SENT THE SHAFIA’S BACK TO AFGHANISTAN TODAY, THEY WOULDN’T SERVE 1 MINUTE IN JAIL THERE. THEY WOULD BE WELCOMED HOME AS GOOD AND PIOUS MUSLIMS WHO CLEANSED THEIR FAMILY FROM THE SHAME OF THEIR UNISLAMIC WOMENFOLK..SO CANADA WILL PAY A FORTUNE KEEPING THESE SAVAGES LOCKED UP, HOUSED, FED, CLOTHED, AND REGULARLY SEEN BY DOCTORS FOR THE NEXT 25 YEARS…15 WITH GOOD BEHAVIOR…
KINGSTON, ONT. – The three Afghan immigrants convicted in Kingston this week of murdering four family members will not be deported — at least not until their sentences are served.
“Criminal matters take precedence over immigration matters,” said Jacqueline Roby, spokeswoman for the Canada Border Services Agency. “People who commit acts of violence are not welcome in Canada. Our doors aren’t open to criminals, but in every case, we have to wait until the sentences are served.”
Mohammad Shafia, his wife, Tooba Mohammad Yahya, and their son, Hamed, were convicted of the first-degree murders of four family members — three of the couple’s young daughters and Mohammad’s other wife — marking the culmination of a sensational three-month trial.
They were immediately sentenced to life in prison with no chance of parole for 25 years. Mohammad, 58, will be 83 before he can apply for parole. His son, Hamed, will be be 46.
Roby described the non-deportation as a long-standing “principle” the current federal government upholds.
Hamed launched an appeal of his conviction this week from Quinte Detention Centre.
Prison officials confirmed yesterday that the Shafias are still in provincial custody and can remain there for 15 days while they clear up personal and legal matters. Once they are moved to federal facilities, Correctional Service Canada will not divulge their whereabouts.
While some law experts have suggested the Canadian government might seek to deport the Shafias, Queen’s University immigration law professor Sharry Aiken said it’s highly unlikely that will happen until they serve their time.
“Serious criminality is a grounds for removal,” Aiken told QMI Agency, “What often happens is people serve their sentences in Canada and immediately upon release are subject to removal.”
The CBSA website notes that removal orders can be invoked against “those who engage in criminality.”
In that case, the agency would send an application to the Immigration and Refugee Board of Canada to review the files. Appeals are automatically denied to anyone who has “received a sentence of at least two years of criminality.”
Aiken said the Shafias were tried on evidence that doesn’t exist in their home country of Afghanistan, a nation recovering from years of war and invasion.
“The person may go free in their country,” she said, noting the time and money invested in convicting the three Shafias. “Is that what we want, as a society, that we’re going to dump criminals on a developing country that’s trying to recover?”
The inability to appeal a removal order also applies to anyone who has “misrepresented themselves” in immigration applications.
The Shafias and their seven children came to Canada in 2007, but a separate application had to be made for Mohammad’s first wife, Rona Amir Mohammad, one of the murder victims.
Rona Amir was described during her immigration process as someone who helped care for the children and kept up the household. In public, the family referred to her as Shafia’s cousin.
From the time of her arrival in Canada in November 2007, Rona Amir applied for and received three visitor’s visas through a Montreal immigration lawyer, each time under false pretences.
The immigration lawyer was never told her about the polygamous marriage between Mohammad, Tooba and Rona.
“I only learned about this afterward — after Mrs. Rona’s death,” Sabine Venturelli testified in November.
If federal officials had known of the true relationship, Venturelli told the court, “immigration would have withdrawn the residence status to all members of the family.”