Justice Watch: Justice Aamna Afsar allows illegal migrant charged with sex crimes against 12-year-old to keep working
Court records show immigration authorities have been unable to carry out a Colombian man's removal order while both his criminal proceedings and immigration applications remain outstanding.
A British Columbia judge has allowed a Colombian man who illegally returned to Canada after being deported and was later convicted of sexually interfering with a 12-year-old girl to continue working while serving a sentence of house arrest and fighting his removal from the country.
According to reporting on the case in the National Post, Justice Aamna Afsar sentenced the 31-year-old to one year of house arrest followed by one year of curfew after finding him guilty of sexual interference stemming from an incident in Surrey in January 2024.
The girl was the daughter of the man's landlady. The pair had been shovelling snow when they entered a shed to retrieve road salt. The court found the man sexually interfered with the child before she fled and reported the incident.
The man had already been deported from Canada in the summer of 2022 after an unsuccessful refugee claim. Authorities say he later re-entered the country illegally and was living in Surrey without legal status when the offence occurred.
After the incident, he filed a second refugee claim, restoring his status as an asylum claimant while the application is processed. That status also made him eligible for federally funded health coverage available to refugee claimants.
Court records show immigration authorities have been unable to carry out his removal order while both his criminal proceedings and immigration applications remain outstanding. He has also applied for a pre-removal risk assessment, which could prevent his deportation if successful.
The court heard the man has since married a protected person with permanent resident status, and the couple have a two-year-old child. If his refugee claim is unsuccessful, he may still seek to remain in Canada on humanitarian and compassionate grounds based on his family ties.
Despite facing criminal charges, the federal government issued the man a work permit in December 2025. Justice Afsar's sentence allows him to leave his home one day each week to continue working in construction while under house arrest.
Sheila Gunn Reid
Chief Reporter
Sheila Gunn Reid is the Editor-in-Chief, Alberta Bureau Chief, member of the board of directors, and host of The Gunn Show at Rebel News. Sheila also serves as President of the Independent Press Gallery of Canada. A mother of three and longtime conservative activist, Sheila is the author of bestselling books, including her most recent release, Independence Blueprint: What Alberta Can Learn From Quebec.
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COMMENTS
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Louise Michaud commented 2026-07-23 13:23:35 -0400“The man had already been deported from Canada in the summer of 2022 after an unsuccessful refugee claim.”
After the Refugee Board rejects a claim, the claimant can make an appeal for judicial review with the Federal Court (with taxpayer funded lawyers $$$$$), and he can also apply for a pre-removal risk assesment. If this man was deported, we can assume that, in his case, all of this had failed. Since a final decision was already made on his claim, also at taxpayers expense, such a man should never have been able to start the same process again !…What a pathetic circus…. -
Bruce Atchison commented 2026-07-22 21:13:14 -0400How bad must things get before people rebel? Canadians are way too polite. This horrible human must be deported along with his family. And what compassion was the victim shown?
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Bernhard Jatzeck commented 2026-07-22 15:58:54 -0400One more sign that we need to elect our judiciary and boot them out if they don’t do their jobs properly.
