Human smuggler gets jail term over false refugee claims

Two-year sentence for 63-year-old who played ‘essential role’ in scheme: judge

Smuggling two women into Canada as refugees has landed a Calgary man a two-year prison term.

Provincial court Judge Josh Hawkes on Wednesday said jail was necessary considering Mohammed Rafiq’s extensive involvement in the smuggling scheme.

“While it is true that Mr. Rafiq did not make a significant profit from his involvement in the scheme, he played an essential role in this activity,” Hawkes said in his written ruling.

“I have concluded that a sentence of actual incarceration is required.”

Defence counsel Michelle Parhar had sought a conditional sentence of six months, which could be served in the community.

Parhar suggested the first three months could be served under house arrest and the next three under a curfew.

But Hawkes agreed with Crown prosecutors Dawn Poskocil and Lori Ibrus that a period of time in a federal penitentiary was required.

The prosecution had proposed a sentence in the 2 1/2- to threeyear range.

Hawkes said attempts to subvert Canadian immigration laws have to be dealt with harshly.

“Human smuggling is a serious and growing problem that represents a direct threat to the integrity of Canada’s immigration, border control and refugee programs,” he wrote.

“It undermines public confidence in and support for these critical programs.”

Rafiq, 63, pleaded guilty to three offences arising out of his role in bringing two refugee claimants to Canada.

“This involved two separate airline journeys through multiple countries,” Hawkes said.

“He played a low-level but essential role in the scheme as the escort or handler for both claimants, assisting them in various ways and stages through their journey.

“He also assisted in the retrieval and reuse of a well-executed forged Pakistani passport, an important task in the ongoing scheme.”

Rafiq was compensated with free airfare between Pakistan and Canada, as well as being promised future assistance in smuggling a relative to Canada.

He admitted two instances where he assisted women to come to Canada, on Dec. 16, 2016, and Jan. 14, 2017.

In each case, he brought the women from Pakistan to Bahrain and London, England, before carrying on to Canada.

In the first instance, a woman was brought into Canada at Toronto. He was identified as a possible human smuggler but no further action was taken.

A month later, Rafiq was questioned and arrested in Calgary after taking the same route through Asia and Europe.

The women, who were legitimate refugees, were allowed to remain in Canada.