The applicant, an Italian citizen, sought judicial review of a decision by the Immigration Division declaring him inadmissible to Canada on grounds of serious criminality under s. 36(1)(b) of the IRPA, following a guilty plea to a drug-related offence in the United States resulting in a 10-year prison sentence.
The applicant argued the ID failed to perform a detailed comparison of the essential elements of the American and Canadian offences and that the section 44 report was inadequate.
The Federal Court dismissed the application for judicial review, noting the arguments were inadmissible as they were not raised before the ID and were otherwise without merit.