A sex offender who has served his full jail sentence for failing to disclose he had HIV now says he'd rather be back in Sudan than sitting in a provincial jail.

"I feel like ive been punished twice and that don't make no sense at all," Clato Mabior, 33, said.

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Clato Mabior wants to be deported as soon as possible.

Convictions

Mabior was convicted in 2006 of two counts of aggravated sexual assault for failing to disclose to sexual partners that he was HIV positive. A permanent resident in Canada, Mabior also was convicted of sexual interference involving a 12-year-old girl. Prior to that, he ran afoul of the law with assault and drunk driving convictions after coming to Canada as a refugee in 2000.

'Why am I still here?' —Clato Mabior

Following a successful appeal, Mabior completed his sentence at Stony Mountain Institution in December 2010. He was then transferred to Headingley jail where he's been held on a Canada Border Services warrant as he is deemed a public danger. But his deportation to Sudan is delayed because of political turmoil in that country.

Travel documents

"Why am I still here?" said Mabior. "They can't deport me and they can't release me. There's no other charges that I'm dealing with because the charges I was convicted of I served time for already. Why am I here?"

Canada Border Services Agency said a deportation order was issued a year ago for Mabior but because of turmoil in Sudan, government officials there have not been able to issue travel documents.

Mabior's lawyer also wants to know what the hold up is. "This all should have been arranged in the many, many years that Mr. Mabior was sitting in prison," said lawyer Amanda Sansregret. "It speaks to an inefficiency."

It costs about $160 a day to keep Mabior in Headingley — a cost he says is a waste since he is willing to leave Canada immediately.

"You and other people, the Canadian and other people working, pay for me to sit in prison," he said. "They can just throw me in the ocean or throw me in the desert I don't even care because I'm sick of all this."

CBSA officials said they hope to have Mabior deported by January or February once South Sudan has established a permanent mission in Ottawa.