In a significant decision for Canadian immigration applicants, the Federal Court has ruled that individuals have the right to challenge the return of their immigration applications on the grounds of alleged incompleteness, Maple News reports.
The judgment comes in the case of Devgon v. Canada (IMM-23491-24), where Preet Kamal Devgon applied to sponsor her parents for permanent residency through the Parents and Grandparents Program (PGP). Despite responding to a request from Immigration, Refugees and Citizenship Canada (IRCC) for additional documentation, Devgon’s application was returned for being incomplete—specifically, due to a curriculum vitae (CV) that had a one-year gap. This violated IRCC’s requirement for a gap-free employment history.
Following the return of their application, Devgon submitted a request for reconsideration, supplying an updated CV that complied with IRCC’s requirements. However, the immigration authority rejected the reconsideration request, stating that once an application is deemed incomplete, it is as though no application was ever received.
Canada’s immigration system does not allow applicants to reapply outside the lottery process under the PGP. Because invitations to sponsor are issued randomly and opportunities are limited, the return of Devgon’s application effectively obstructed the family’s hopes of reunification.
The Federal Court’s ruling sets a precedent by confirming that applicants can seek judicial review when their applications are returned for being incomplete, especially when the decision may carry significant consequences. In this case, the Court recognized that the return of Devgon’s application eliminated her only viable opportunity, highlighting the importance of fairness and procedural justice in immigration processing.
Until now, returns of incomplete applications were treated administratively as non-submissions, with no formal rejection or possibility of appeal. This decision may open the door for future challenges and increased accountability in how IRCC handles such scenarios.
This development adds a critical layer of protection for applicants navigating Canada’s often high-stakes immigration system, especially for family sponsorship cases that lack alternative opportunities for submission.
Maple News will continue to monitor how this ruling may affect broader application processing policies at IRCC and if it will prompt changes to how procedural fairness is implemented across all immigration streams.