IRCC Returned My Application as Incomplete – What do I do Next?
- Mathew Wilton
- 18 hours ago
- 2 min read
Recent reductions to Canada’s immigration targets have resulted in longer processing times for many individuals looking to come to Canada temporarily or permanently. These longer processing times have also coincided with many individuals recently having their applications returned because they have been found to be incomplete. That is, an officer has determined that the applicant has not submitted the necessary information and/or documentation to process the application.
The result? For some applicants, they have faced no choice but to resubmit their applications, entering the processing queue from the beginning. For others, the consequences are more severe – such as those who have submitted applications through the Parent and Grandparent Sponsorship program or through the Express Entry program – where the ability to apply is based on receiving an invitation.
What if the decision to return my application was made in error?
The inability to challenge IRCC’s decision to return an application for incompleteness has historically been frustrating for many applicants who believed that a mistake was made in coming to that decision. Challenging these decisions with the Federal Court as unreasonable, applicants were often met with the argument that a rejection for incompleteness was not the same as a refusal and therefore the Federal Court did not have the ability to review the decision.
Devgon v Canada (Citizenship and Immigration), 2025 FC 2005
In December 2025, the Federal Court made a landmark decision, providing hope for those who believe that the decision to return their application as incomplete was unreasonable.
In the case, The Honorable Justice Battista considered whether or not the Federal Court could review an Officer’s decision to return a Parent and Grandparent Sponsorship application as incomplete. In the decision the Court found:
The decision to return an application as incomplete prejudicially affected the Applicant’s right to apply for permanent residence;
The Federal Court has the judicial capacity for evaluating the return of applications for reasonableness and fairness; and
The decision to return an application as incomplete was not insulated from review simply because it was a decision made based on non-compliance with Ministerial instructions as to what was required for the application to be complete.
Ultimately, the Federal Court held that it could review the decision given the Court’s responsibility to review the public administration’s decisions for reasonableness and fairness. In the words of Justice Battista, the Court could not “turn its eyes away.”
If you have had your application returned as incomplete and believe that there was an error made in your decision, it may be worth exploring challenging this decision. Our team of experienced immigration professionals can help you to determine what next steps may be right for you.