Judicial review of incomplete sponsorship application return is justiciable, but decision was reasonable and procedurally fair.
The applicant sought judicial review of a decision returning her application to sponsor her mother under the Parents and Grandparents Program as incomplete.
IRCC had issued a procedural fairness letter advising that information about step-children was missing from the IMM 5406 forms and providing 30 days to respond.
The applicant submitted updated forms, but the information was still missing, leading to the application's return as unprocessed.
The Federal Court found the matter justiciable, rejecting the respondent's argument that returning an incomplete application is categorically unreviewable.
However, the Court dismissed the application on the merits, finding the officer's determination of incompleteness was reasonable and procedurally fair, as the applicant was given an opportunity to provide the missing information but failed to do so.
