Why was this Oliver shooting suspect still in Canada?

PENTICTON – A man accused of a shooting in Oliver last week and the subject of a subsequent manhunt by South Okanagan RCMP is now behind bars again but records raise an important question: Why was he still in the country at all?

Afshin Ighani Maleki was arrested April 22 following a chase through the South Okanagan and Similkameen valleys that included road blocks and allegations he took a prisoner to escape.

But according to his history in B.C. Courts, he should have been deported long ago. Maleki was first subject to a deportation order by the Immigration and Refugee Board of Canada in 2002 after he was convicted of possessing a restricted weapon, an offence that is punishable by up to 10 years in prison.

The deportation order was made in 2002 and appealed that same year when the removal order was held for five years. Maleki was under conditions not to commit any criminal offences but Maleki broke those conditions when he was convicted of four offences in May 2007 on charges stemming from 2006 including cocaine trafficking and possession of a firearm.

The convictions resulted in a violation of the stay of Maleki’s removal order, resulting in its cancellation.

What isn’t known is why Maleki was granted a stay in the first place, and why he is still in the country 10 years later.

Immigration and Refugee Board of Canada spokesperson Anna Pape couldn't provide much additional information, except to say there have been no further proceedings concerning Maleki before the Immigration and Refugee Board since that time.

Questions about currrent immigration proceedings were referred to various other federal department agencies including Canada Border Services which cited privacy laws in refusing to disclose information.

Maleki, who was facing charges of uttering threats, pointing a firearm, possession of a restricted weapon without a license and other weapons charges from the shooting incident that occurred in Oliver on April 19, has come before local courts in the past.

Maleki also faced trafficking and weapons related charges out of Oliver stemming from incidents on Feb. 20 and March 22, 2006.

Further charges are expected in relation to the Maleki’s flight from police on April 22.

— This story was edited for clarity and to clarify responses from the Immigration and Refugee Board at 3:35 p.m. Apr. 25.

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