A recent federal court decision has affirmed the right of applicants to challenge the return of immigration applications due to incompleteness. This ruling marks a significant development in Canadian immigration law, where an incomplete application is often a major setback for applicants.

In a notable case, Devgon v Canada (IMM-23491-24), Preet Kamal Devgon sought to sponsor her parents for permanent residency. After responding to a request for additional documents, their application was deemed incomplete due to a CV discrepancy. Despite submitting a revised CV, Immigration, Refugees and Citizenship Canada (IRCC) refused to reconsider, citing the initial incompleteness as grounds for ineligibility.

Under IRCC’s policy, an incomplete application is treated as if no application was received, effectively halting the process. This decision had significant implications for Devgon’s family sponsorship application, as it jeopardized her parents’ chance for permanent residence.

Justice Battista highlighted the impact of Ministerial Instructions on application processing, emphasizing that an incomplete application could result in a de facto refusal. The applicants challenged the decision, arguing for judicial review, which IRCC contested as non-justiciable. However, Battista ruled in favor of the applicants, deeming the officer’s decision unreasonable and subject to review.