Man accused of plotting NYC Oct. 7 attack made refugee claim in Canada: immigration consultant

A Pakistani man residing in the Toronto area, who was allegedly plotting a mass murder of Jews in New York, was also in the process of seeking refugee status in Canada, according to an immigration consultant.

The U.S. is now pursuing the extradition of Muhammad Shahzeb Khan, 20, following his arrest by the RCMP in a high-profile operation on September 4 in Ormstown, Quebec, near the U.S. border.

The FBI claims Khan communicated to undercover agents that he was forming an ISIS cell to "slaughter" as many Jewish civilians as possible in a violent rampage timed around the anniversary of the October 7, 2023, Hamas attacks on Israel.

Fazal Qadeer, an immigration consultant based in Mississauga, Ontario, who had worked with Khan, expressed surprise upon learning of the arrest, stating that Khan had not exhibited signs of radicalization.

Qadeer mentioned that Khan was in the process of applying for refugee status based on his sexual orientation. "He said he was gay," Qadeer told CBC News in a recent interview.

Same-sex relationships are prohibited under Pakistan's penal code, according to Outright International, a U.S.-based human rights organization. The status of Khan's immigration claim at the time of his arrest remains uncertain. Qadeer noted that Khan had recently undergone a "long" interview with Immigration, Refugees and Citizenship Canada (IRCC).

A spokesperson for IRCC declined to provide comments on Khan's case. The refugee claim does not appear in a report submitted by immigration officials last month to the House of Commons standing committee on public safety and national security.

The report indicates that Khan applied for a Canadian study permit in March 2023, which was approved in April, allowing him to arrive in Toronto on June 23, 2023.

IRCC stated it had not referred Khan's case to the Canadian Security Intelligence Service (CSIS) and Canada Border Services Agency (CBSA) for a "comprehensive security screening" because an initial assessment "did not identify any risk indicators."

The same committee is also investigating how Ahmed Fouad Mostafa Eldidi, 62, obtained Canadian citizenship despite allegedly appearing in a gruesome ISIS propaganda video years prior. Eldidi and his son, Mostafa Eldidi, a 27-year-old Egyptian citizen, are accused of planning an axe and machete attack in Toronto.

Just five months after Khan's arrival in Canada, he caught the attention of an FBI informant. According to a U.S. criminal complaint unsealed last month, Khan had posted on social media, expressing "his desire to carry out terrorist attacks in support" of ISIS.

An FBI special agent reported that two undercover officers later engaged Khan through encrypted chat, during which he allegedly encouraged them to acquire AR-style rifles for an attack on an unnamed Jewish center in Brooklyn.

"If we succeed with our plan this would be the largest attack on U.S. soil since 9/11," Khan purportedly wrote.

Qadeer referred to Khan as a student but stated he was unaware of where or what Khan was studying after arriving in Ontario. CBC reached out to several post-secondary institutions in the Toronto area, but none provided information on Khan's enrollment.

The U.S. criminal complaint indicates that Khan had mentioned vacating his Toronto-area apartment on September 1. "He had already made up his mind that he would not be alive two months from now," an FBI special agent wrote.

The complaint further states that Khan had made arrangements with a human smuggler to help him cross the border and asked undercover officers to "continue carrying out the attack if he were detained."

Court documents reveal that at the time of his arrest on September 4, Canadian police believed Khan was residing at a Mississauga address, which in reality was the location of Qadeer's immigration firm.

Qadeer explained that it is common for clients to use his firm's address as their mailing address to ensure they receive relevant immigration paperwork.

Khan, who also went by Shahzeb Jadoon, is now being held in a Montreal jail while the U.S. seeks his extradition on a charge of attempting to provide material support and resources to ISIS.

Khan's criminal defense lawyer, Gaétan Bourassa, briefly represented him during an initial extradition hearing in a Montreal courtroom last month. Bourassa has stated that Khan intends to contest the extradition request.

"He is a young person, arrested, and we will see what is their proof to ask to be extradited," Bourassa remarked.

Khan is scheduled to appear via video link in Quebec Superior Court in Montreal on December 6.