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Deportation decision debated

Immigration officials fear sex offender's safety threatened if he's sent to Iran

By: Mike McIntyre

2/07/2009 1:00 AM | Comments: 24

WINNIPEG — Farid Noedost stepped out of Stony Mountain penitentiary this week and should have immediately been put on a plane with a one-way ticket back to Iran.

Instead, the convicted sex offender and drug dealer remains on Canadian soil as federal immigration officials debate the ethics of deporting him back to his politically unstable homeland -- a debate that could see him released on bail in the meantime.

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Noedost, 33, was scheduled for automatic removal based on his criminal history, the length of his most recent sentence and an assessment that finds he remains a high risk to re-offend. But immigration sources and documents obtained by the Free Press show his status is now under review based on concerns his life will be in jeopardy if sent packing. Citizenship and Immigration officials cite the circumstances of his escape from Iran years earlier and his claims of finding religion while imprisoned.

"I am not satisfied that he will not face any persecution should he return to Iran based on the possibility of an outstanding warrant and his conversion to Christianity. It is more probable than not that the Iranian government will have a record of his escape and that if he returns to fulfill his prison sentence, it is my view it would more likely than not result in a death sentence for him," an immigration official wrote in a recent report.

Noedost remains in custody on an immigration hold and is scheduled for a hearing this morning to decide whether he should remain behind bars or be granted bail while his file remains open.

"This is insane this is being allowed to happen. His safety is more important than the Canadian public?" a federal immigration source said this week.

The source noted no specific information has been provided outlining exactly what threats Noedost faces if returned to Iran.

"There has never been any submissions about possible torture or death. It's like someone has just assumed this," said the source. "There should be debate on this issue. What's more important, the risk he faces back in Iran or the risk the Canadian public faces with him on the streets of Winnipeg?"

Court documents show Noedost was sentenced to three years in prison in December 2007 on a charge of possession of cocaine for the purpose of trafficking. He was also given a three-year suspended sentence and probation in April 2008 on a sexual assault conviction. Two other sex assault charges were stayed by the Crown.

Noedost had been arrested in 2006 after two girls, aged 15 and 16, claimed they were abused after passing out from drugs and alcohol in Noedost's inner city apartment on three occasions. The alleged attacks were reported by Noedost's 16-year-old girlfriend, who told police she stumbled across videotape of two of the incidents. She claimed Noedost eventually destroyed the tape by throwing it in a fire.

Noedost also has prior convictions for drugs, fraud and mischief between 2000 and 2002. However, he didn't receive anything more than a fine. Noedost came to Canada years earlier as a refugee.

His deportation became mandatory after his latest sentence because it was a federal penitentiary term that exceeded two years.

"There is also a significant history of violence and hostility towards women, impulsiveness and a strong lack of concern for others along with a history of poor problem solving skills: e.g. resorting to violence towards individuals who cannot protect themselves," prison officials wrote in a recent report.

Federal immigration officials have also written that "on the balance of probabilities Mr. Noedost is a possible re-offender whose presence in Canada creates and unacceptable risk to the public."

Canada has often balked at deporting criminals if there is evidence they might be at risk in their country of origin.

Reports surfaced in late 2007 that a violent Winnipeg street gang member who claimed deportation to his native Somalia would be akin to a "death sentence" was killed shortly after his forced return home.

Canadian immigration officials and a Winnipeg lawyer confirmed reports that Hussein Jilaow met a violent end. Jilaow was kicked out of Canada following a legal battle in which he fought deportation on humanitarian grounds. Federal Justice Sean Harrington initially ruled Jilaow could remain in the country -- despite posing an ongoing risk to public safety -- because he would be in danger if deported according to the travel plans outlined by the Canada Border Services Agency.

But the decision was overturned a few months later when CBSA made "alternative" arrangements that they hoped would provide greater protection to Jilaow.

Jilaow had come to Winnipeg as a refugee when he was 14 and amassed 13 convictions for violent offences since 1999 while a high-ranking member of the Mad Cowz.

www.mikeoncrime.com

 

Republished from the Winnipeg Free Press print edition July 2, 2009 A3

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24 Commentscomment icon

Marnie, at what point in the 5-1/2 years in which you dated him did you realize he was scum?

If he seemed fine to you for 5-1/4 years, how bad could he be?

I mean, many Manitoban women discover evidence their boyfriends or husbands are scum in only a couple of years. To seem okay for 5-1/4 years is much better than them.

Send him back, Iran isn't Somalia. Grow a pair and turf that garbage.

This is a total outrage. Why should we care about what awaits him in his homeland? If that immigration official is so concerned then let them take him in. I would be curious to know how many offences he committed other than the 13 he was conivcted of while enjoying himself in our beautiful country. I would gladly donate my airmiles or pony up some cash for his ONE WAY ticket outta here.

I find it amazing that the authorities are concerned about this convicted felon's well being....where was their concerns when they shipped a wheelchair-bound social assistance recipient back to England. He didn't pose any threat to the public at large, yet we shipped him back. Seems our priorities are somewhat askew here.

Let this man face the consequences he deserves in his home country.

Send him and others like him back immediately and let them face the consequences of their actions. Canada should not be seen and/or used as an asylum for criminals and law breakers!!!!!

I dated Farid on and off for five and a half years. [Edited] I agree 100% with the decision to deport him back to Iran, where his mother and father currently reside, because with his violent history and most recent conviction [edited] I do not think the streets of Winnipeg are safe as long as he is free to walk them.

This doesn't make me feel safe in my own town. We as Canadian citizens deserve to have our rights protected, and Canada shouldn't be protecting the rights of a convicted sex offender whom is a refugee in our Country.
I'm fed up with the dumping of convicted murders and other offenders being protected by this country. If he doesn't get sent back to Iran, then whomever made the decision should have to have this guy live with them and their children. How safe would they feel? Not very safe at all. Send this [edited] back to Iran where he will get what he deserves.

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ridiculous, If this 1/2-a-man went through all this in Iran then came here and still didn't follow any rules then why are we protecting him. I don't believe in the Americans death penalty however that's their laws and if I commit an offense there I can expect their punishment. Dude you screwed up in the wrong country and now Iran will make you pay.

Why is our country worried about his well being if he hasn´t thought about his or others. There are probably much more deserving people of political exile in Iran, why don´t we trade him for someone that will give to our society instead of being a threat?!!

Fari Noedost Gave up his right to be a Canadian and live in Canada when he decided to ignore Canadian laws and ruined the lives of many Canadians. There should be no debate about this. He should be returned to Iran. The only alternatives should be to keep him behind bars permanently or send him to any other country that would like to have him as one of it's citizens.

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