The applicant sought judicial review of an Immigration Division decision finding him inadmissible for serious criminality under s. 36(1)(b) of the IRPA based on a 1995 conviction in China.
The applicant argued the conviction was obtained by torture and that the foreign offence did not equate to a Canadian offence.
The Federal Court dismissed the application, finding it was reasonable for the ID to disbelieve the torture claim due to significant omissions in the applicant's BOC form and interview, and reasonable to find the foreign offence equivalent to assault causing bodily harm.
