Ottawa, Ontario, April 29, 2016
PRESENT: The Honourable Madam Justice Heneghan
BETWEEN:
and
MINISTER OF CITIZENSHIP AND IMMIGRATION
JUDGMENT
THIS COURT’S JUDGMENT is that this application for judicial review is dismissed, reasons to follow.
The following question is certified:
If an application for permanent residence is incomplete as it fails to meet the requirements prescribed by s 10 of the Immigration and Refugee Protection Regulations (“IRPA Regulations”) and the application and all supporting documents are returned to the applicant pursuant to s 12 of the IRPA Regulations, does the application still “exist” such that it preserves or “locks in” the applicant’s position in time so that a subsequently submitted complete application must be assessed according to the regulatory scheme that was in effect when the first, incomplete application was submitted?