Federal Court Decisions

Decision Information

Gennai v. Canada (Citizenship and Immigration)

Court (s) Database Federal Court Decisions
Date 2016-04-29
Neutral citation 2016 FC 481
File numbers IMM-1104-15

Decision Content

Date: 20160429

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”

Judge

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