VICTORIA - An admitted and convicted drug dealer who is under a deportation order was back in court today on a charge of assault.
Victoria Police say the 22 year-old has gang associations.
"Based on our previous dealings with the individual; who he's associated with, who he may have been checked with, intelligence that we receive, we will be able to confirm that he has gang associations," says Victoria Police spokesperson Sgt. Grant Hamilton.
Mark Andrew Hubahib was ordered out of the country in May of last year .
But in December 2009 the Minister of Public Safety agreed to hold off on his removal until 2014.
Hubahib arrived in Canada from the Philippines six years ago, but was ordered deported at an immigration hearing in may 2009.
The Immigration Panel found that Hubahib had been convicted of trafficking cocaine in January that same year, a crime that carries a maximum sentence of life.
The law requires the deportation of anyone convicted of a crime when the sentence is more than 10 years.
But Hubahib appealed the decision in December 2009. While the deportation order wasn't quashed, his removal from Canada was delayed for four years, a decision agreed to by Canada's Pubic Safety Minister.
Nearly a month after that order was stayed Victoria Police say Hubahib committed an assault outside a downtown McDonalds. Investigators allege that he came up behind another man and struck him on the head with a beer bottle.
The minister of public safety did not respond to an /A\ News question as to why he agreed to delay Hubabhib's removal from Canada.
Victoria police, while not commenting on the deportation order, say they have concerns about the current allegation of assault against him because he is out in the community.
Hubahib is scheduled to make his next court appearance on February 18th.
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