The Alberta Court of Appeal has granted Mahir Yahya Sharif additional time to appeal convictions for drug trafficking and sexual assault. Sharif argues he was not properly advised that pleading guilty could result in his deportation to Somalia.

An Alberta judge has granted a Somali refugee more time to appeal criminal convictions that led federal officials to declare him a danger to Canada and pursue his deportation.

Court of Appeal Justice Kevin Feth approved Mahir Yahya Sharif’s application for an extension of time to appeal convictions arising from guilty pleas entered in 2022.

Sharif was convicted of trafficking fentanyl and methamphetamine and committing sexual assault. He has served a three-year prison sentence for the offences.

In his decision, Feth said “unique and special circumstances” justified allowing the appeal to proceed after the normal filing deadline.

The ruling does not overturn Sharif’s convictions. It gives him an opportunity to ask the Court of Appeal to set aside the guilty pleas and review the underlying criminal cases.

Sharif claims his former lawyer did not properly explain the immigration consequences of pleading guilty.

According to the court record, Sharif said he was told he would probably not be deported because he was a protected refugee and could face serious risks if returned to Somalia.

He argues he would not have pleaded guilty had he understood the convictions could lead to his removal from Canada.

Sharif came to Canada as a refugee and became a permanent resident in 2019. He has schizophrenia and a history of substance use that has reportedly aggravated his mental-health condition.

Following his convictions, immigration officials found him inadmissible on the grounds of serious criminality.

A federal immigration official later determined Sharif was a danger to the Canadian public. That finding allows the government to remove a protected person in limited circumstances despite the risks the person claims to face in their country of origin.

Sharif has also challenged the deportation process in other courts.

A 2025 Ontario Superior Court decision identified him as a Somali national who had been found inadmissible under the Immigration and Refugee Protection Act. The decision said a federal danger opinion authorized his removal despite his refugee status.

The federal government’s assessment reportedly considered Sharif’s criminal history, the seriousness of the drug-trafficking offences and the risk that he could commit further crimes.

His lawyers have argued the assessment did not adequately account for his mental illness, his limited connections to Somalia and the treatment available to people with schizophrenia in that country.

Feth concluded that refusing to hear the appeal solely because it was filed late could be unduly punitive given the potential consequences.

The judge also found the proposed appeal had sufficient merit to justify an extension. The Crown opposed the application.

The decision means Sharif may now pursue an appeal of his convictions. He will still have to convince the court that the guilty pleas were invalid or that another legal error occurred.

An extension of time is a procedural ruling and does not determine whether Sharif will ultimately win his appeal or be permitted to remain in Canada.

Under federal immigration law, permanent residents and foreign nationals convicted of serious crimes may be found inadmissible to Canada. Protected refugee status can prevent removal to a country where a person faces persecution, torture or other serious harm, but that protection can be overridden when the federal government determines the person poses a danger to the public.