Docket: IMM-1104-15
Citation: 2016 FC 481
Ottawa, Ontario, April 29, 2016
PRESENT: The Honourable Madam Justice
Heneghan
BETWEEN:
MASARU GENNAI
Applicant
and
MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
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?
“E. Heneghan”
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